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(영문) 광주지방법원 2016.02.25 2015고단4787
교통사고처리특례법위반등
Text

1. The defendant shall be punished by imprisonment for eight months;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

[criminal history] On September 7, 2006, the Defendant driven B cargo while under the influence of alcohol 0.237% in blood, and driven C cargo while under the influence of alcohol 0.054% in blood on January 8, 2008, which was sentenced to imprisonment with prison labor for six months at the Gwangju District Court on February 14, 2008 and two times or more, and thus violated Article 44(1) of the Road Traffic Act.

[Criminal facts] The Defendant is engaged in driving of a vehicle with a body as D.

On October 23, 2015, the Defendant driven the said car under the influence of alcohol content of 0.165% in blood at around 18:55, while driving the said car, and driving the said car along the F-Do four-lane road located in Gwangju Dong-gu in Gwangju Dong-gu along the first lane, facing occupational negligence abutting on the center line, while driving along the first lane, and driving along the first lane, the part front of the HWW car driving ahead of the left side of the Defendant’s vehicle, which is driven by the victim I (5 years old) who temporarily stopped from the first lane facing the center line to the traffic signal at a one-lane level, was driven in front of the left side of the Defendant’s vehicle. After that, the part of the JW car driving ahead of the left side of the JW car, which was driven by the victim I (53 years) under the influence of the Defendant’s vehicle.

Ultimately, the Defendant by occupational negligence inflicted injury on the victim G, such as salt, tensions, etc., on the chills that require approximately two weeks of treatment on the part of the victim G, on the part of the victim I, and on the part of the victim K (V, 53 years of age), on the part of the victim K (V, 53 years of age) who was on the part of the vehicle operated by the victim I for about two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of G, I, and L;

1. Traffic accident report, report on detection of the driver at home, report on the circumstances of the driver at home, each medical certificate, and each photograph;

1. Previous convictions in judgment: Application of inquiries about criminal history and text of judgment;

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3(2)2 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and the Criminal Act.

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