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(영문) 광주지방법원 2019.01.22 2018고단3781
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 31, 2018, at around 05:27, the Defendant driving a e-cub vehicle in the state of alcohol alcohol concentration of approximately 0.056% from the section of about 5 km in the vicinity of the Gwangju Mine-gu, to the road in the same Gu C, from around 05:27, the Defendant driven the E-cub vehicle in the state of alcohol alcohol concentration of about 0.056%.

2. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a motor vehicle E E E.

The Defendant, while under the influence of alcohol concentration of 0.056% at the time and time set forth in paragraph (1), was driving the said car, and led to the operation of the said car, which is located in Gwangju Mine-gu C, from the direction of the F Hospital, one way in front of the F Hospital C.

At that time, the road was on which the center line of yellow-ray was installed, so the driver had a duty of care to safely operate the steering system by accurately manipulating the steering system and steering the steering system.

Nevertheless, the Defendant, while driving a stroke, was the victim G (70 years of age) who was riding a bicycle along the side of the opposite direction due to the stroke of the central line by strokeing the upper part of the said car.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as the blood flasing of the upper flasium on the left-hand side in need of approximately seven weeks of treatment, and the flasing of the light flasium without an open head in need of treatment for about six weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. On-site photographs of traffic accidents;

1. The circumstantial statement of the employee;

1. A report on detection of a host driver;

1. Investigation report (official application of the Ba mark);

1. Making a report on the control of drinking driving;

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

1. Article 3(1), the proviso of Article 3(2)2 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2(2)3 of the Road Traffic Act, and Article 44(1) of the Road Traffic Act concerning criminal facts.

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