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(영문) 광주지방법원 순천지원 2019.07.11 2019고단275
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for one year.

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

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) by the Defendant is a person driving a vehicle BM3.

On December 30, 2018, the Defendant driven the said car with a blood alcohol level of 0.106% 0.106% around 08:0 on December 30, 2018, and got off the road of the D in front of the D in C at an awhh hour to the direction of the flow distance from the front direction.

Since there is a road for the decline of the Yi Tri-distance Intersection and a place where the center line of the yellow-line line is installed, there was a duty of care to ensure the safe operation of the driver while driving slowly to the driver.

Nevertheless, under the influence of alcohol, the Defendant, while neglecting this, was driven by the victim E (the 65-year-old) who was fK5 taxi driving in the opposite part due to the occupational negligence by the bypassing the central line, and received the part of the FK5 taxi front-hand part of the Defendant’s passenger vehicle.

Ultimately, the Defendant suffered injury to the victim G (23 years of age), victim H (20 years of age), victim I (21 years of age), and victim J (21 years of age) by negligence in the course of performing the above duties, such as clocks and tensions that require treatment for about two weeks, respectively.

2. The Defendant, at the time and place specified in Paragraph 1, driven BM3 automobiles under the influence of alcohol with a blood alcohol concentration of 0.106%.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report and the accident site photograph;

1. Report on the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3(1), the proviso to Article 3(2)2 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 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Crimes of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents by Selection of Punishment;

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