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(영문) 광주지방법원 순천지원 2019.01.25 2018고단2047
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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

The defendant is a person who is engaged in driving a B-learning car.

On September 30, 2018, at around 17:10, the Defendant continued to run at a speed that would not be known by two-lanes from the direction of E elementary school near the intersection of the D convenience store located in C at the net city of 0.185% of the blood alcohol concentration.

Since there is a signal, there was a duty of care to reduce speed and drive safely in accordance with good faith for those engaged in driving service.

Nevertheless, the Defendant neglected to perform alcohol and neglected to change the vehicle progress signal to a stop signal, and neglected to proceed as it was, the Defendant received the front part of the vehicle operated by the Defendant as the front part of the vehicle operated by the Defendant, which is driven by the victim G (AW) driving in direct dust according to green signal from the right side of the proceeding direction.

Ultimately, the Defendant suffered, by negligence in the above occupational negligence, the injury of the victim I (year 41) who is the passenger of the victimized vehicle, such as knee’s knee’s mae, which requires treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Report on the state of driving under the influence of alcohol and report on the control of drinking driving;

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

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

1. Articles 40 and 50 of the Criminal Act among the ordinary concurrent crimes (trades resulting from a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents);

1. As to the crime of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents by Selection of Punishment, imprisonment without prison labor shall be sentenced and as to the crime of violation of the Road Traffic Act, each choice shall be sentenced;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), Article 50, and the proviso of Article 42 of the Criminal Act;

1. Discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act;

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