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(영문) 광주지방법원 2014.05.01 2014고단791
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 6, 2014, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents: (a) driven the said vehicle while under the influence of alcohol level of 0.119% on February 23, 2014, while driving the said vehicle, and (b) driven the front road of the vehicle in front of Gwangju North-gu Seoul Northern-gu one-way one-way one-way one-way one-way one-way one-way one.

In such cases, there was a duty of care for those who are engaged in driving motor vehicles to live well on the front side and the left side, and to operate brakes and other devices accurately.

Nevertheless, the Defendant neglected to do so and took part in the left-hand part of the DMF7 car driven by the victim C(the age of 38) who was driving in the opposite side of the vehicle as it was, and took part in the front-hand part of the said DMF7 car, thereby causing injury to the said victim and the victim E (the age of 24) who was on the front-hand part of the said SM7 car, for about two weeks of treatment.

2. The Defendant violated the Road Traffic Act (driving) driving the said car under the influence of alcohol by 0.119% in the 8km section from the Do in front of the French village in Gwangju-gu, Gwangju-gu, to the 142-round road. As above, the Defendant driven the said car under the influence of alcohol by 0.119% in the 8km section.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C and E;

1. The actual condition survey report;

1. A report on detection of a host driver;

1. Each written diagnosis;

1. Application of the written estimate statutes;

1. Article 3 (1), the proviso to Article 3 (2) 8 of the Act on Special Cases concerning the Handling of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes ( mutually among the violations of the Act on Special Cases concerning the Settlement of Traffic Accidents);

1. The punishment of imprisonment without prison labor or the crime of violation of the Road Traffic Act shall be imposed on a crime of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents;

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