logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2017.04.20 2016고단5120
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a motor vehicle B.

On September 15, 2016, the Defendant driven the said vehicle under the influence of alcohol concentration of 0.163% during blood transfusion 0.163%, and led to turn to the left at an aesthetic speed using one lane among the two-lanes, at the lower left the D private distance intersection in Gwangju Mine-gu, by using one lane among the two-lanes.

Since the place is an intersection with no signal apparatus at the time, and there was a direct operation of the damaged stop in the opposite line, there was a duty of care to safely turn to the left and prevent accidents, such as reducing speed and checking whether there is a vehicle passing through the intersection in good manner for the driver of the vehicle.

Nevertheless, the Defendant neglected to turn the vehicle to the left as it was, and caused the victim E to go beyond the road by taking the front wheel part of the driver's vehicle, which is driven by the victim E, who is straight from the right side of the opposite part of the vehicle to the right side of the lower part of the vehicle.

As a result, the Defendant suffered approximately seven weeks of medical treatment from the above victim due to the above occupational negligence, and the Defendant suffered from the upper fluoral fluoral flusium in the inside and outside of the lussium and against the inside and outside of the Republic of Korea.

Summary of Evidence

1. Statement by the defendant in court;

1. A E-document;

1. A report on the occurrence of a traffic accident or the intensity at the scene of a traffic accident;

1. A survey report on the actual condition of each traffic accident;

1. Evidence and photographs of the traffic accident scene;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act (the occupation and the de facto occupation, the choice of imprisonment without prison labor), Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the occupation of drinking and the choice of imprisonment with prison labor) concerning criminal facts;

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;

arrow