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(영문) 광주지방법원 2018.05.17 2018고단1153
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 car in B SP area.

On March 11, 2018, the Defendant driven the said car under the influence of alcohol level of 0.241% among blood transfusion around 03:30 on March 11, 2018, and led to driving the said car on the side of 4 distance from the luminous 1sturgical side to the luminous 4-lane.

Since there are frequent roads for vehicle traffic, the defendant engaged in driving service has a duty of care to maintain the safety distance with the vehicle that is driven in front by accurately manipulating the steering direction and brake system, and to drive the front and the signal in good manner.

However, under the influence of alcohol, the Defendant’s negligence caused the following part of the victim C(61) driver’s car, which was in the atmosphere of the signal at the front section of the Defendant’s car, to be the front part of the Defendant’s car.

The Defendant, by negligence in the above occupational negligence, suffered injury to the victim E (36 tax) and the victim F (36 tax) of the same passenger as the above victim C and the victim driver's driver's car, respectively, for two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of each traffic accident in C, E, and F;

1. Reporting of a traffic accident (1) (2);

1. Notification of the results of crackdown on drinking;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes governing accidents;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning the facts constituting an offense, Article 268 of the Criminal Act, Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act (the point of driving under influence of alcohol);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Making a choice of imprisonment without prison labor for the crime against the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents at the option of punishment and the crime against the violation of Road Traffic Act;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of concurrent crimes;

1. Articles 53 and 55(1)3 of the Criminal Act for mitigation of a small amount of punishment

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