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(영문) 광주지방법원 2021.01.28 2020고단5511
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. The defendant is a person who is engaged in driving service of Oral land B in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents;

On October 11, 2020, under the influence of alcohol level of 02:18, the Defendant driven the above Orala while under the influence of alcohol level of 0.085% from blood level, and let the front distance intersection in Gwangju Mine-gu C turn to the left in the direction of F apartment apartment from the E apartment bank.

At the time, new walls and their places were private-distance crossings where signal lights are not installed, so in such cases, the driver had a duty of care to prevent accidents by safely driving by driving safely, such as temporarily stopping the driver prior to entering the intersection and accurately manipulating the steering direction and brakes, etc.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to turn to the left as above, was driven by the victim G (58 Do) who was driving in the opposite direction of the Defendant’s running in the opposite direction of the Defendant’s running. The Defendant received the front part of the HOtob, which was driven by the victim G (58 Do) as the front part of the Defendant’s driving right.

As a result, the Defendant suffered injury, such as duplicating three cuplics, closed, etc., which affected the victim’s three cupages that require approximately six weeks of medical treatment due to such occupational negligence.

2. On July 2, 2010, the Defendant was issued a summary order of KRW 2.5 million as a crime of violating the Road Traffic Act by the Gwangju District Court on July 2, 2010.

On October 11, 2020, the Defendant driven B Obba over about 1km section from the Jju shop located in Gwangju Mine-gu I to the front road located in Gwangju Mine-gu C, while under the influence of alcohol level of 0.085% among blood transfusion around 02:18.

Accordingly, the Defendant violated Article 44(1) of the Road Traffic Act at least twice.

Summary of Evidence

1. The defendant's legal statement G Traffic Accidents Report (1) (2) (2) on the occurrence of traffic accidents;

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