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(영문) 광주지방법원 2019.02.14 2018고단4918
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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. The defendant is a person engaged in driving a B car in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Road Traffic Act;

On September 21, 2018, the Defendant driven the said car while under the influence of alcohol 0.131% of blood alcohol level on September 21, 2018, and led to the driving of the said car, which is located in Gwangju Northern-gu C, along the two-lanes from the apartment side to the F apartment from the apartment side.

At the time, there are nights, and there are many vehicles parked on both sides of the road, and in this case, there was a duty of care to prevent accidents by accurately manipulating the front side of the course and accurately manipulating the steering gear, etc. for the driver of the vehicle.

Nevertheless, the Defendant neglected this, while driving a vehicle while under the influence of alcohol as above, was parked in the front part of G K5’s seat in the direction of the driving by negligence on the right-hand side of the vehicle while driving the vehicle, and continued to receive the front part of the G K5’s seat in the direction of the driving.

After all, the Defendant suffered injury to the victim I who was on board K5 cars due to the above occupational negligence, such as a shoulder dye, requiring approximately two weeks medical treatment.

2. The Defendant violated the Road Traffic Act (if the Defendant did not take any action after the accident), at the time, at the place specified in the above Paragraph (1) above, caused the traffic accident, and the Defendant left the site without taking appropriate measures even after destroying and damaging a motor vehicle in a way equivalent to KRW 2,954,939 for repair costs.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. The actual condition survey report;

1. Inquiries about the result of crackdown on drinking driving;

1. As to the report on internal accidents (as to the application of the Madmark):

1. Vehicles parked in investigation reports (a written estimate attached), investigation reports (Attachment of a written diagnosis), and investigation reports;

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