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(영문) 광주지방법원 2016.05.12 2016고단385
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for not less than eight 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

The defendant seems to be C in the facts charged, but seems to be a clear clerical error.

A person engaged in driving a low-speed car.

On January 14, 2016, the Defendant driven the said car under the influence of alcohol level of 0.058% among blood transfusion around 08:13, and went to the opposite line while driving it along the two-lanes from the airside of the mine, facing the rooftop-dong base, which is located at 740 pyeong-dong, Gwangju Mine-dong, Gwangju, in order to proceed to the opposite line while driving it along the two-lanes from the airside of the mine.

Since there is a signal, there was a duty of care to operate safely in accordance with good faith to a person engaged in driving service.

Nevertheless, the Defendant neglected to do so and received the front part of the E-Poter Cargo in front of the Defendant’s car on the right side of the passenger car, which is driven by the victim D (46 tax) under normal new code on the opposite road due to the negligence of the U.S. No. 16.

After all, the Defendant suffered, by negligence, from the above occupational negligence, the victim F, who is the partner of the cargo vehicle, about 8 weeks of medical treatment to the victim D, approximately 2 weeks of brain damage, etc., which requires approximately 2 weeks of medical treatment to the victim D, and the victim F (37 years of age) who is the partner of the above cargo vehicle, each of them suffered from the right slelet slebro, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D and F;

1. A traffic accident report;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to a report on detection of drivers;

1. Article 3 (1), the proviso to Article 2, Article 2 (1) 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 facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment without prison labor or imprisonment with prison labor for a crime of violating the Act on Special Cases concerning the Settlement of Traffic Accidents in Need of Optional Punishment;

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;

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