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(영문) 광주지방법원 2018.06.14 2018고단1492
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

The defendant is a person engaged in driving a motor vehicle B with detached motor vehicles.

On April 11, 2018, the Defendant driven the said car while under the influence of alcohol level of 0.109% among blood transfusion around 07:55, and led to the driving of the said car in front of the D cafeteria located in Gwangju Seo-gu along the four-lanes in the direction of the flow distance from the bank of the KBS broadcasting station.

In this place, commercial buildings are concentrated around the road, and other vehicles are stopped on the road, so the defendant engaged in driving of the motor vehicle has a duty of care to take the right and the right and the right and the right and 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

그럼에도 불구하고 피고 인은 위와 같이 술에 취하여 이를 게을리 한 채 만연히 진행한 과실로 마침 피고인의 진행 방향 전방 도로변에 비상등을 켠 채 정 차하고 있던 피해자 E(54 세) 이 운전하던

F The part on the loading of cargo vehicles was carried out by the Defendant as the front part of the said vehicle operated by the Defendant.

In the end, the Defendant suffered spatitis, etc. in need of approximately 2 weeks of medical treatment to the victims G (V, 24 years of age) who were on board the victim E and the damaged vehicle due to the above occupational course.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A survey report on actual conditions;

1. Notification of the results of crackdown on drinking and inquiry of the results of crackdown on drinking driving;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to photographs of accident scene, photographs of accident situation, and drinking photographs;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning the facts constituting an offense, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the same Act concerning the driving of alcohol;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. The punishment of imprisonment without prison labor shall be imposed on the crime of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents at the Time of the sentence and the crime of violation of the Road Traffic Act;

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