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(영문) 광주지방법원목포지원 2020.11.24 2020고단1050
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six months.

except that 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 in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury).

On November 22, 2019, the Defendant driven the said car while under the influence of alcohol of 0.157% of blood alcohol concentration at around 23:25 on November 22, 2019, and led the two-lanes of the two-lanes of the two-lanes of the monthly 13-5 in front of the school terminal in the Hanp-gun, Chungcheongnam-gu., the Defendant continued the two-lanes of the school as a private distance.

In such cases, a person who is engaged in the business of a motor vehicle shall not drive the motor vehicle while under the influence of alcohol, and due to the negligence of neglecting his duty of care to prevent an accident, such as driving by driving on the front left, while neglecting the duty of care, the part behind the freight II driven by the victim C (ma, 61) who stops in the traffic signal line at the second-lane of the passenger vehicle front line of the motor vehicle, was shocked with the part of the driver in front of the motor vehicle of the defendant vehicle.

Ultimately, the Defendant suffered, by negligence in the above business, the injury to the victim C ( South and 61 years of age) such as catum salt in need of treatment for about two weeks, and the injury to the victim E (in the latter, 57 years of age) such as the catum of damage and tension.

2. On November 22, 2019, at around 23:25, the Defendant driven B-low-scale car under the influence of alcohol content of approximately 7.5km from the 7.5km section to the 13-5km front of the school terminal in the same Gun from the Hamp-gu Hamp-gun, Hamp-gun (hereinafter referred to as the “Hamk-gun”) on November 23:2, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. The actual survey report, the report on the occurrence of a traffic accident, and an accident-related photograph;

1. A report on the actual state of the driver;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3(1), the proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2(2)2 of the Road Traffic Act concerning criminal facts;

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