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(영문) 광주지방법원 순천지원 2016.07.06 2016고단165
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for not more than ten 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

[criminal history] The defendant was sentenced to a suspended sentence of six months for a crime of violating road traffic law in the Gwangju District Court's net support on May 16, 2007, and the defendant was sentenced to a suspended sentence of two years for the same crime on October 15, 2010 and was sentenced to a fine of five million won for the same crime at the Gwangju District Court, and five times the driving force of drinking.

[Criminal facts] The Defendant is a person who is engaged in driving of a truck of one ton of C, while driving a truck of one ton.

On November 25, 2015, the Defendant driven the above cargo while under the influence of alcohol content of 0.152% in blood at around 19:04, and proceeded one way in front of the examination site in the mouth of the old military, where the Defendant was in the influence of alcohol level of 0.152% in his/her blood, and proceeded one way in front of the examination site in the direction of the old gum Eup.

The Defendant, prior to the same direction, was followed by the victim D (n, 50 years old) driven by EM car, and thus, a person engaged in driving a motor vehicle was well aware of the situation, and there was a duty of care to secure and proceed with the safety distance to avoid when the above EM car stops.

Nevertheless, the Defendant was negligent in driving the vehicle in the vicinity of the vehicle due to the negligence of driving the vehicle in the vicinity of the vehicle and received the part behind the vehicle in front of the vehicle.

As a result, the Defendant suffered from the victim’s ductal injury in need of approximately three weeks’ medical treatment due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Report on the circumstances of driving a drinking and report on the results of regulating drinking driving;

1. The investigation report on the actual condition of a traffic accident, (1) and (2), and on-site evidence and photographs;

1. Each written diagnosis;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes of investigation report (a copy of the judgment);

1. Article 3(1) and the proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant criminal facts, Article 268 of the Criminal Act (the point of causing occupational negligence and the choice of imprisonment without prison labor), Article 148-2(1)1 and Article 44 of the Road Traffic Act.

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