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(영문) 광주지방법원 2013.07.23 2013고단2148
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six 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. Around 21:50 on March 19, 2013, the Defendant, while under the influence of alcohol at 0.101% of blood alcohol, driven a knife car in the direction of approximately 500 meters away from the front of a restaurant located in the Southern-gu Seoul Metropolitan Government in the middle-gu white movement on the same day at around 22:00 on the same day.

2. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving a B car.

On March 19, 2013, at around 22:00, the Defendant driven the said car with a blood alcohol concentration of 0.101% 0.1%, and led the Defendant to proceed to the direction of the salary middle school in the direction of the salary-line elementary school in the middle-gu of Gwangju, Nam-gu.

At the time, since it is night and a house is a road, there was a duty of care to prevent accidents in advance by driving a person engaged in driving of a motor vehicle by reducing speed and driving a motor vehicle in a good manner.

Nevertheless, the Defendant neglected the foregoing while under the influence of alcohol and was negligent in proceeding with it, and received the right-hand bridge part, etc. of the victim C (I am 13 years old), which was located in the alleyway, from the right-hand side of the said car.

As a result, the Defendant suffered approximately seven weeks of medical treatment from the victim due to the foregoing occupational negligence in the context of “margument of the inside and outside of the inside and outside of the inside of the masium.”

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the police concerning D (Simplified traffic) and a written statement of traffic accident situation prepared by C;

1. A survey report (1) (2) on the actual condition, photographs of the scene of the accident, and photographs of the harming vehicle;

1. Application of Acts and subordinate statutes to one diagnosis report on the circumstantial statement of a host driver;

1. Relevant Article of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, the choice of criminal punishment, and Article 3 (1) and (2) of the Act on Special Cases Concerning the Settlement of Traffic Accidents.

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