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(영문) 광주지방법원목포지원 2020.11.17 2020고단545
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for one year.

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

[Criminal Power] On October 1, 2019, the Defendant was issued a summary order of KRW 7 million by the Jeonju District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) by the Defendant is a person engaged in driving a passenger car in BNAS.

On January 1, 2020, at around 00:30, the Defendant driven the said car with the blood alcohol level of 0.117%, while under the influence of alcohol, and led to the front Yongamamamam-gun C ahead of the road from the west on the side of the front line along one lane.

At the time of the accident, there is a duty of care to safely drive the vehicle, such as making a thorough operation, such as the front hour, etc., and using the steering direction and brake system of the vehicle properly.

Nevertheless, under the influence of alcohol, the Defendant is negligent and proceeds as it is.

The Franchiscison column on the right side of the road received the front part of the said car as the front part of the said car, and the victim D(77 years old)'s house on the left side of the road as the front part of the car due to the accident shock, which caused the car volume to the left side due to the accident.

The Defendant, by its occupational negligence, sustained injuries, such as salt dump, tensions, etc., in need of approximately two weeks of medical treatment, to the victim who was divingd in the above house.

2. Around 00:30 on January 1, 2020, the Defendant driven a BNS car in the state of alcohol alcohol concentration of approximately 0.117% at a section of approximately 3.6 km from the front road located in Yong-nam Cancer E to the front road of the same military unit C.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Request for a police protocol of seizure of the police statement with D, reply to a request for appraisal, and whether the requests for appraisal are made or not;

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