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(영문) 광주지방법원순천지원 2020.11.27 2020고단1604
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 June 16, 2009, the Defendant was issued a summary order of KRW 1,50,000,000 as a crime of violation of the Road Traffic Act in the Gwangju District Court’s net support.

【Criminal Facts】

The defendant is a person who is engaged in driving of B Poter Cargo Vehicles.

On June 13, 2020, at around 22:55, the Defendant driven the above vehicle while under the influence of alcohol of 0.042% of blood alcohol concentration, and led the Defendant to turn to the left from the eth of the dead-road distance of the D Union bamboo point in Dr. C at an influence.

Since the location is an intersection with signal apparatus installed at night, and it was difficult at the time, a person engaged in driving service has a duty of care to look at whether there is a vehicle entering the intersection, and to prevent accidents by driving safely according to traffic signals.

Nevertheless, under the influence of alcohol, the Defendant, while neglecting this, went through the intersection without violating signal while entering the intersection and making a left-hand turn at the opposite part of the right-hand turn by negligence, brought the front part of the G rocketing car driven by the victim F (F, South and 31 years old) under the new subparagraph into the front part of the said vehicle.

As a result, the Defendant violated the prohibition of drinking driving more than twice, and the Defendant suffered the victim’s salt, tensions, etc. in the clibage that requires approximately two weeks of medical treatment by negligence in the above business.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A medical certificate;

1. A traffic accident report;

1. On-site photographs of traffic accidents;

1. Mebling images of Ma2 Vehicle Blue image images;

1. Report on the circumstantial statements of a drinking driver, and the results of the control of drinking driving;

1. Previous for judgment: Application of an inquiry inquiry report including criminal records, an investigation report (Attachment to a summary order of the same kind of power), and a copy of a summary order;

1. Article 3 (1), the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment for Criminal Facts;

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