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(영문) 광주지방법원해남지원 2020.09.03 2019고단391
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for a term of one year and two 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

[criminal power] On December 14, 2007, the Defendant received a summary order of KRW 1.5 million for the crime of violation of the Road Traffic Act in Gwangju Maritime Support, and a summary order of KRW 2 million for the same crime in the same court on July 4, 2011, respectively.

【Criminal Facts】

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

On September 20, 2019, the Defendant driven the said car at around 20:10, while driving the said car at the speed of 334, which is located in the Czewon-ro 334, from the Czewon-si, Namnam-gun, the Defendant straighted the intersection at an insular speed from the surface of the Czewon-do to the surface of the air.

At the same time, there was a duty of care to prevent accidents in advance by safely driving a vehicle, such as: (a) a person engaged in driving the vehicle was at night and another vehicle passed through; and (b) a person engaged in driving the vehicle was obliged to take a duty of care to prevent accidents by safely driving the vehicle, such as taking the front door and left door well, operating the operation and steering gear accurately;

Nevertheless, the Defendant neglected to do so and thereby was negligent in driving while under the influence of 0.147% of blood alcohol level, and received as the front part of the foregoing car that the Defendant driven by the victim C(the age of 57) who is waiting for signal at the front bank of the Defendant, with the part that was driven by the Defendant.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of treatment due to occupational negligence.

2. On September 20, 2019, the Defendant: (a) driven a B-car under the influence of alcohol with a blood alcohol concentration of about 0.147% at a section of about 8km from September 20, 2019 to the intersection, located on the front side of the west-gun, west-gun, the west-gun, the west-gun, the west-gun, the C-V, the C-V, the C-V, the C-V, the C-V,

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A report on the occurrence of a traffic accident, a yellow survey report, and an accident site photograph;

1. The circumstantial statement of an employee will be made;

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