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(영문) 광주지방법원 목포지원 2017.04.28 2016고단1700
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 BMW 520D vehicles.

1. On November 30, 2016, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven the said motor vehicle at around 01:45, while driving the said motor vehicle along the speed of one lane at which it is impossible to identify the speed from the intersection to the intersection of the “D” in the south Yong-gun C.

At the time, there are nights and where there is a private-distance intersection that is not supported by traffic control, so in such cases, there was a duty of care to prevent accidents in advance by accurately manipulating steering devices, brakes, etc. in an unbreath state while driving of a motor vehicle.

Nevertheless, the Defendant neglected this and did not accurately manipulate steering devices, brakes, etc. while under the influence of alcohol with 0.122% of alcohol during blood, and was negligent in proceeding without accurately manipulating them, and received traffic signs and boundary rocks installed over the intersection of the above vehicle at the front of the driver’s seat.

Ultimately, the Defendant suffered from the injury of the victim E (n, 21 years old), F (21 years old), G (n, 21 years old) who was on board the said vehicle due to the above occupational negligence, such as the crums, tensions, tensions, etc. requiring two weeks medical treatment.

2. On November 30, 2016, the Defendant driven the said vehicle under the influence of alcohol content of 0.122% at a section of about 3km from a 3km section to the front side of the 'D’ in front of the 'D located in C’ in the front side of the Namamamamama-gun, the Namnam-gun, the Namnam-gun, the Namnam-gun, the lower court, around 01:45 on November 30, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes, such as a fact-finding survey report, an accident site map, an on-site evidence photograph, and a notification of the result of crackdown on drinking driving, and each medical certificate (Evidence No. 17 through 19);

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the proviso to Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts.

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