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(영문) 광주지방법원 순천지원 2020.05.08 2019고단2988
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for a term of one year and four months.

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. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person engaging in driving of Btory car.

On November 16, 2019, at around 17:25, the Defendant driven the said car with a alcohol content of 0.159% 0.159%, and made it turn to the left from the right side of the gold.

Since there is a place where it is possible to turn to the non-protective left, there was a duty of care to check and drive a vehicle by reducing or temporarily stopping the speed so as not to obstruct other traffic when turn to the left on green lights.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to turn to the left and was driven by the victim E (the age of 54) who was driving at the opposite side by the negligence, received the front part of the F rocketing car in front of the car of the Defendant.

As a result, the Defendant suffered injury to the victim, such as dynasium and pelvise, and tension in the part where it is not possible for the victim to receive treatment for about three weeks due to such occupational negligence.

2. On June 28, 2012, the Defendant received a summary order of KRW 1.5 million for a fine of KRW 1.5 million for a violation of the Road Traffic Act in the Gwangju District Court’s net support, and on July 8, 2015, the same court issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act.

At the time and place specified in paragraph (1), the Defendant driven B camry car while under the influence of alcohol with 0.159% of alcohol concentration.

Accordingly, the defendant, who violated the prohibition of driving under the influence of alcohol, was driving a motor vehicle again under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. A written request for appraisal;

1. Investigation report (victim E telephone call);

1. A medical certificate;

1. The circumstantial statement of an employee will be made;

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