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(영문) 광주지방법원 순천지원 2019.09.05 2019고단1498
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for one year.

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 March 25, 2013, the Defendant issued a summary order of a fine of three million won for the crime of violating the Road Traffic Act in the Gwangju District Court's net support on March 25, 2013, and on October 16, 2007, the Defendant issued a summary order of a fine of four million won for the crime of violating the Road Traffic Act in the Gwangju District Court's net support on October 16, 2007.

【Criminal Facts】

1. On June 29, 2019, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven a B rocketing car with a blood alcohol concentration of 0.118%, while under the influence of alcohol around 03:30 on June 29, 2019, and led the intersection of the private distance at the front of D located in C at the time of leisure, from the water resource construction site to the E apartment bank at an insular speed.

It is a back-road in a densely-populated area where there is no distinction between a roadway and a sidewalk, and pedestrians' passage is frequent. In such a case, the defendant engaged in driving of a motor vehicle has a duty of care to ensure safe driving by checking the safety of course and accurately operating the steering gear and operating the steering gear.

Nevertheless, the Defendant neglected this and proceeded without properly doing so, and found the victim F (22 years of age) who was thrown away from the right side of the Defendant’s proceeding direction, and tried to reverse the victim’s back to the right side of the Defendant’s operation with the back wheels of the victim’s operation.

Ultimately, the Defendant suffered salt and tension in the part requiring medical treatment for about two weeks by occupational negligence.

2. The Defendant was driving the said vehicle under the influence of alcohol with a blood alcohol concentration of 0.118% at the same time and at the same place as paragraph (1) of this Article.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A drinking-driving driver;

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