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(영문) 광주지방법원 2017.09.14 2017고단2742
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of CK5 cars.

On May 24, 2017, while under the influence of alcohol 00:35% in alcohol, the Defendant driven the said car and made a left-hand turn at about 40 km a speed of 40 km depending on the two-lanes among the two-lanes in the fluence of the 63rd of the entire mine area in Gwangju, Gwangju, by reducing the horizontal distance in front of the 63rd of the flusium, from the flusium of the flusium of the flusium, the Defendant was at an intersection where the signal apparatus, etc. is installed. In such a case, the Defendant, who is engaged in driving, had a duty of care to accurately manipulate the steering direction and brakes while properly living on the flusium, thereby preventing accidents from occurring.

Nevertheless, the Defendant neglected to do so and received the part of the victim D(26 tax) driving in front of the cargo vehicle in front of the Defendant’s driver’s car, who was on the right turn to the right-hand turn in the straight line due to the negligence of the breath, in contravention of the alcohol and the above breath of the left-hand turn.

As a result, the Defendant suffered a bruption of a double wall that requires approximately two weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A survey report on actual conditions;

1. Statement of the circumstances of the driver involved in driving;

1. A report on the detection of a primary driver;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article 3 (1) and the proviso to Article 3 (2), Article 3 (2) 1 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act (the occupation and practical occupation, the choice of imprisonment without prison labor), Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the occupation of drinking alcohol and the choice of imprisonment with prison labor) concerning criminal facts;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection and Order to Attend Community Service, Order to Attend Military Service, and Order to Attend Military Service.

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