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(영문) 광주지방법원 순천지원 2016.11.23 2016고단1089
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, for two years from the date this judgment becomes final and conclusive, the execution of punishment shall be suspended.

Reasons

Punishment of the crime

On April 19, 2016, when the Defendant was under the influence of 07:15% of blood alcohol level, the Defendant was driving a three-lane road in front of the first three-lane distance from the KBC Broadcasting Station in Ansan-dong, Ansan-dong, where he was under the influence of 0.078% of blood alcohol level.

At this point, there is an intersection where signal lights are installed, so the driver of the motor vehicle has a duty of care to safely proceed with the driver of the motor vehicle according to the new code.

Nevertheless, the Defendant was under the influence of alcohol, due to the negligence of driving on the front side of the vehicle E (V, 64 years old) driving of the victim E (V, 64 years old) who continued to stop on three lanes while driving the vehicle at the victim E (V, 64 years old), which continued to stop on the 3-lane in accordance with the new subparagraph to the left-hand turn from the front side of the C(L, 34 years old) KBC broadcasting station located on the front of the death forest elementary school due to disregarding the signal and driving on the front side of the death forest. Accordingly, the Defendant followed the h driving of the vehicle at the 46 years old, and the h driving of the front cargo of the tourist bus operation.

Ultimately, the Defendant suffered injury to the victim E due to such occupational negligence during approximately two weeks of medical treatment.

Summary of Evidence

Defendant’s legal statement

C, G, and E’s written statement of traffic accident occurrence report, actual condition investigation report, on-site photographs driver’s report, and notification of drinking control results report, the application of statutes

1. Article 3(1), the proviso of 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(2)3, and Article 44(1) of the Road Traffic Act concerning criminal facts, and Article 3(1)3 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, and Articles 3(2)1 and 268 of the Criminal Act

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