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(영문) 광주지방법원 2014.09.23 2014고단2226
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

The defendant is a person who is engaged in driving a CL car.

On May 15, 2014, the Defendant driven the said car with a blood alcohol concentration of 0.124% around 00:50, while under the influence of alcohol, and led to the flow of the four-lane road adjacent to the central intersection of the Southern-gu Seoul Metropolitan City along the south-gu Seoul Metropolitan City along three-lanes from the south-gu Park to the south-gu.

At the same time, there is an intersection where signal lights are installed, so it is confirmed whether a person engaged in driving of a motor vehicle has a motor vehicle passing through the intersection by reducing the speed and checking well the front side of the motor vehicle, and there was a duty of care to safely drive the motor vehicle according to the traffic signal to prevent the accident in advance.

Nevertheless, the Defendant neglected this and caused the Defendant’s injury to the right side of the Defendant’s course, by negligence, due to the Defendant’s failure to change the vehicle signal to a stop signal, by taking the part of the victim D(43 years old) driving in front of the left side of the said intersection into front part of the Defendant’s vehicle, and causing the victim to undergo approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement on the occurrence of a traffic accident;

1. A survey report (1) (2) on actual condition, images of accidents, accident scene, and photographs of vehicles;

1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;

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

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 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Aggravation of concurrent crimes among concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act (the sum of the long-term punishments of the above two crimes) shall be increased;

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