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(영문) 광주지방법원 순천지원 2019.05.29 2019고단67
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 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 Bchip car.

At around 03:30 on October 1, 2018, the Defendant, while under the influence of alcohol of 0.152% of blood alcohol concentration, proceeded to the private distance intersection of the women's cultural center located at 1,000 0.152% per hour in the direction of the Csports hall from the direction of the Ordinance.

Since there is a signal, the person engaged in driving service has a duty of care to reduce speed and drive safely in accordance with the new code.

Nevertheless, the Defendant was driven by the victim D (year 63) who neglected the stop signal while under the influence of alcohol and turn to the left at the same level due to negligence that led to disregarding and driving the stop signal.

The Defendant, by its occupational negligence, suffered approximately two-day medical treatment to the victim F (F) who was a passenger with the above K5 passenger car, on the ground that the victim was in need of approximately 3 weeks of medical treatment. Around 2-day medical treatment to the victim F (F) who was the passenger of the above K5 passenger car, on the ground that the victim was in need of approximately 3 and 4 weeks of medical treatment, respectively, the victim was in need of approximately 3 and 4 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of I, H, G, F, and D;

1. Report on the results of crackdown on drinking drivers and the circumstantial statement of drinking drivers;

1. The actual survey report and the investigation report (as to the violation of signal);

1. Application of Acts and subordinate statutes of each written diagnosis;

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

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

1. As to the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, imprisonment without prison labor shall be sentenced and as to the violation of the Road Traffic Act, imprisonment shall be sentenced

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 and (2) of the Criminal Act are applicable.

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