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(영문) 광주지방법원 해남지원 2020.02.13 2019고단464
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

[Criminal Power] On September 17, 2007, the Defendant received a summary order of KRW 1,200,000,000 as a fine for the violation of the Road Traffic Act (driving) in the support of the Gwangju metropolitan District Court.

【Criminal Facts】

1. The defendant is a person who is engaged in driving a B car in accordance with the Act on Special Cases concerning the Settlement of Traffic Accidents.

On November 17, 2019, the Defendant came to proceed from the direction of the river to the terminal with the D convenience point located in Jeonnam-gun C.

A person engaged in driving motor vehicles has a duty of care to accurately operate the steering gear and brakes and to safely drive the motor vehicle so as to prevent accidents by safely operating the motor vehicle with a duty of care.

Nevertheless, the Defendant neglected to drive a car with the blood alcohol level of 0.14% while driving a car with the knife under the influence of alcohol level of 0.14% and failed to accurately manipulate the steering gear, and was driven by E in the opposite direction.

After all, the Defendant suffered injury to the victim G (n, 46 years of age) who was a NAS car passenger by occupational negligence as above, for about two weeks of medical treatment. In short, the Defendant suffered injury, such as brain-dead, etc., in which there is no one within two open for medical treatment.

2. Around November 17, 2019, the Defendant driven a BF car under the influence of alcohol by at least 0.144% in a distance of about 100 meters from the I parking lot located in H of the Namnam-gun, Namnam-gun, to the DF store located in DF C of the Jeonnam-gun, Namnam-gun.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A traffic accident report;

1. A report on investigation (the sequence 20 of evidence list);

1. The circumstantial statement of the employee;

1. A medical certificate;

1. Blue image photographs;

1. Previous records of judgment: Criminal records, etc. and the application of one copy of a summary order;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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