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(영문) 광주지방법원 2020.08.27 2020고단2998
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

On May 26, 2016, the Defendant was sentenced to a fine of KRW 1.2 million by the Gwangju District Court as a crime of violation of the Road Traffic Act.

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

On May 2, 2020, the Defendant, while under the influence of alcohol 0.067% from blood alcohol level around 21:58, 2020, was driving the front road of Gwangju Mine District C along the two-lanes in the direction of black tin distance from the border of the intersection.

Since it was a seven-lane general road, the driver of the motor vehicle has a duty of care to prevent accidents in advance. Therefore, the driver of the motor vehicle has a duty of care to prevent accidents in advance.

Nevertheless, under the influence of alcohol, the Defendant, by negligence, operated by the victim D (ma, 34 years old) who driven in front of the Defendant by negligence while neglecting it, operated the E-motor vehicle in the signal atmosphere, but the Defendant did not operate the vehicle, but saw the vehicle behind the E-motor vehicle into the front part, and led the E-motor vehicle to the rear part of the E-motor vehicle, which was driven by the victim F (ma, 24 years old) who was driven by the victim F (ma, 24 years old) while driving in front of the signal atmosphere.

Ultimately, the Defendant suffered, by the above occupational negligence, the injury of the victim H (WW, 30 years old), the victim F who is a G driver, and the victim I (WW, 25 years old), the victim J (W, 25 years old), the victim K (W, South and 25 years old), and the victim K (W, South and 25 years old), respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of a traffic accident;

1. A survey report on actual conditions;

1. The circumstantial statements, circumstantial statements and investigation reports of the host driver;

1. Inquiry into the result of the crackdown on drinking driving;

1. Six copies of the written diagnosis of the victim;

1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes of a summary order;

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