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(영문) 광주지방법원 2020.12.10 2020고단4961
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 January 12, 2012, the Defendant was issued a summary order of KRW 2 million by the Gwangju District Court for a crime of violation of the Road Traffic Act, and KRW 3 million by the same court on November 27, 2012.

【Criminal Facts】

1. Around September 19:54, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven a car with blood alcohol concentration of 0.180% and led D High School C to drive a car with B fishing code 3.5%, which is located in Gwangju Mine-gu, at the seat of the E elementary school, at a non-exclusive speed depending on three-lanes of the road between the four-lanes of the road.

In such cases, a person who drives a motor vehicle shall not drive a motor vehicle under the influence of alcohol, and has a duty of care to safely drive the front door and the right and the right and the right and the right of the motor vehicle to prevent an accident.

Nevertheless, the Defendant neglected to do so and negligently followed the Defendant’s failure to proceed while drinking, and thereby, took the front part of the Defendant’s driving vehicle, following the front part of Genz 300 vehicle driven by the Victim F (the age of 41) who was under way by receiving a straight signal at the intersection in front of the Defendant’s driving vehicle.

Ultimately, the Defendant, as a result of occupational negligence above, suffered from the injury to the victim He (the age of 43) who was on the top of the damaged vehicle, such as salt, tension, etc. in need of treatment for about two weeks, injury to the victim I (the age of 16) who was on board the rear seat of the damaged vehicle for about two weeks, such injury as salute of head and other parts requiring treatment for about two weeks, damage to salute, salute, salute, etc., and injury to the victim J (the age of 13) who was on board the rear seat of the damaged vehicle for about two weeks.

2. The defendant violates the Road Traffic Act (driving) shall be 0. The blood alcohol concentration at the same time as the above paragraph (1).

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