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(영문) 광주지방법원 2020.10.08 2020고단4234
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. The Defendant is a person who is engaged in driving a rocketing car in accordance with the Act on Special Cases concerning the Settlement of Traffic Accidents.

On April 25, 2020, the Defendant driven the above vehicle while under the influence of alcohol 0.194% of blood alcohol level around 21:50, and led to the driving of the above vehicle at the speed of two lanes between the two-lanes from D store to E elementary school.

At the same time, a person engaged in driving service as a road with frequent traffic of vehicles has a duty of care to keep the front door and left door well, to accurately operate the steering system, brakes, and other devices of the vehicle, and to not drive the vehicle at such a speed or in such a manner as to cause any danger and injury to others according to the traffic situation of the road and the structure and performance of the vehicle.

Nevertheless, the Defendant neglected this and neglected to change the lane into a one-lane, and by negligence, took the front part of the Defendant’s vehicle, following the top part of the Victim F (F, 41 years old), which was proceeding along a one-lane in the same direction.

Ultimately, the Defendant, due to the above occupational negligence, caused the victim F and the victim H (V, 40 years of age) who was on board the top of the said A-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W

2. On March 9, 2015, the Defendant was issued a summary order of KRW 4 million by the Gwangju District Court for a crime of violating the Road Traffic Act.

At around 21:50 on April 25, 2020, the Defendant driven the B rocketing car from approximately 900 meters away from the first apartment in Gwangju Mine to the first apartment in the same Gu, while under the influence of alcohol of 0.194% of alcohol level.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1.F and H, respectively.

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