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(영문) 광주지방법원 해남지원 2020.06.25 2019고단332
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for a term of one year and three 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

[Criminal Power] On May 28, 2010, the Defendant received a summary order of a fine of one million won as a crime of violation of the Road Traffic Act (driving) from the Gwangju District Court's branch office in Gwangju Maritime District Court.

【Criminal Facts】

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person engaging in driving a B-learning passenger car.

On July 7, 2019, the Defendant driven the above car at around 02:15, and proceeded to turn to the left at an aesthetic speed from D to the village entrance.

Since there is a road within the village in the cement package section, a person engaged in the driving of motor vehicles has a duty of care to drive motor vehicles by thoroughly driving the front side and the left side of the motor vehicle and by driving the steering system, brakes and other devices of the motor vehicle in a manner that causes harm to others.

Nevertheless, the Defendant neglected the above duty of care and caused four persons driving under the influence of alcohol level of 0.058% to go beyond the surface of the road due to the negligence of driving under the influence of alcohol level of 0.058% by the Defendant’s 4-day driving of the victim E (the age of 41) to stop from approaching the Defendant’s car. However, the Defendant started the said car and got the victim E and the victim F (the age of 65) to go beyond the surface.

In the end, the Defendant suffered injury to the victim E by occupational negligence for approximately two weeks, such as an excellent 5 balance straw, etc., and injury to the victim F, such as a elbow elbow, which requires approximately two weeks of treatment.

2. On the date and time set forth in paragraph 1, the Defendant driven a B-learning car under the influence of alcohol with a blood alcohol concentration of about 0.058% at the section of about 20km from the distance of about the 20km-gun to the front roads of the Gangnam Jin-gun, Gangnam-gun, Gojin-gun through the places set forth in Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Report on the occurrence of a traffic accident and accident;

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