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(영문) 광주지방법원 2015.04.23 2015고단70
교통사고처리특례법위반등
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 two years from the date of the final judgment.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a Grandland car.

On November 13, 2014, the Defendant, while under the influence of alcohol at 0.178% of blood alcohol concentration on November 22:25, 2014, driven the said car on the roads after the hospital of Korea located in the Seo-gu, Seo-gu, Gwangju, along the three-lane distance in front of Samsung Electronic Services, in accordance with the regular course of business in Gwangju, Seo-gu, Gwangju.

At all times, there are vehicles temporarily stopping in accordance with the signals, such as an intersection where signal lights are installed, and thus, a person engaged in driving a motor vehicle has a duty of care to check whether the motor vehicle, etc. stops well by checking the right and the right and the right and the right and the right and to safely proceed so as to prevent accidents.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to stop in the front of the Defendant’s vehicle while driving, caused the fright-on truck, which was driven by the victim C (Nam and 5 years of age) who temporarily stops on three lanes in accordance with the Marin 1, 200, following the fright-on truck in the front of the Defendant’s driver’s vehicle.

As a result, victims E (V) who were on board a damaged vehicle with about 4 weeks of cerebral typhism that requires approximately 2 weeks of treatment to the victim C, each of them suffered from negotiations on sub-let brain bordering and fluoral typhal dymal styphal styphism that require approximately 4 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Each written diagnosis;

1. A written report from an employee of an employer;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes governing accident site photographs;

1. Article 3 (1) and the proviso of Article 3 (2) of the Act on Special Cases concerning the Handling of Traffic Accidents by Relevant Acts concerning criminal facts, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act (the point of sound driving);

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

1. As to the Act on Special Cases concerning the Settlement of Traffic Accidents, the choice of imprisonment without prison labor or the crime of driving under the Road Traffic Act shall be applied;

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