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(영문) 광주지방법원 2017.04.27 2016고단5770
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a BM7 car.

On November 19, 2016, the Defendant driven the said car while under the influence of alcohol 0.159% during blood transfusions, and led to the driving of the said car in front of the D Hospital located in Gwangju Nam-gu Seoul along one-lane from the boundary of the Japanese Hospital to the distance of D Hospital located in the D Hospital.

Since there is a center line, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by keeping the front door well and driving over the center line.

Nevertheless, under the influence of alcohol, the Defendant got a part adjacent to the left-hand fence of the said SM7 car in front of the left-hand edge of the said SM7 car by negligence going beyond the center line, while neglecting it, and took the part adjacent to the victim G (42 years old) driving in front of the said SM7 car due to the negligence going beyond the center line, and continued to go through the said SM7 car, and received the part prior to the said SM7 car.

Ultimately, the Defendant suffered, by such occupational negligence, from the victim I (26 years old) who was on board the above rocketing taxi, the injury of chromatic base and tensions, etc. requiring approximately two weeks of treatment; the victim G, who was on board the above rocketing taxi, suffered approximately two weeks of treatment; the victim J. (V., 40 years old; 2 years old; 3 years old; 40 years old; 40 years old; 40 years old; 2 years old; 3 years old; 4 years old; 3 years old; 4 years old; 4 years old; 4 years old; 5 years old; 2 years old; and 5 years old at the same victim K.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Images of damaged vehicles;

1. Accident scene and vehicle photograph;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

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

1. Relevant provisions of the Act concerning facts constituting an offense;

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