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(영문) 광주지방법원 순천지원 2016.09.07 2016고단1176
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six 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 in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person driving BM5 cars.

On April 19, 2016, the Defendant driven the above vehicle under the influence of alcohol of 0.206% in blood alcohol concentration on 16:48, and continued to drive the said vehicle in front of the female crew-dong, the female crew-dong, in the direction of the Ncheonnam Hospital, about 30 km in speed, depending on the two-lanes of speed, from the direction of the Ncheonnam Hospital.

Since the place is where the passage of vehicles is frequent in commercial buildings and housing-populated areas, in such cases, there was a duty of care to look at the right and the right and the right and the right and the right and the right and the right and the right and duty of care to prevent accidents by accurately manipulating the steering and the right and the right and the right

Nevertheless, due to the negligence that the Defendant neglected this and proceeded in the influence of alcohol, the Defendant was found to have been in the front part of the vehicle under the influence of the victim C(W, 50 years old) driving in the front of the vehicle.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of approximately two weeks of treatment due to occupational negligence.

2. The Defendant violated the Road Traffic Act (driving) driving the said SM5 vehicle under the influence of alcohol content of about 0.206% at the 1km section from the upper corner of the seafarer’s bones, before the temporary border as set forth in paragraph (1) to the front corner of the said female middle school.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Report on the circumstantial statements of a drinking driver, and notification of the results of crackdown on drinking driving;

1. A traffic accident report (1) (2) and on-site photographs of the traffic accident;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal provisions concerning criminal facts, Article 3(1) and proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, Article 148-2(2)1 of the Road Traffic Act, and Article 44(1) of the Road Traffic Act;

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