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(영문) 광주지방법원순천지원 2020.08.14 2020고단591
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

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

On March 30, 2017, the defendant was decided to suspend indictment for the violation of the Road Traffic Act at the office of the Gwangju District Prosecutors' Office.

1. The defendant is a person who is engaged in driving service of a vehicle B with low-priced vehicle.

On February 14, 2020, the Defendant, while under the influence of alcohol at 01:40% of the blood alcohol concentration, driven the said car and made it turn to the left from the right edge of the c apartment at the parallel of the front of the c apartment at the south of the river water.

Since there are three-distance crossings where a sign to turn to the left is installed, there was a duty of care to check whether there are other vehicles who are directly under the new subparagraph and to turn to the left safely by reducing or temporarily stopping the speed in advance as a driver.

Nevertheless, the Defendant neglected to do so and did not confirm the vehicle directly under the influence of alcohol, and did not turn to the left by negligence, and caused the victim E (year 21) driving to have the front wheel part of the victim E (year 21) driving on the right side of the car of the Defendant.

As a result, the Defendant suffered injury to the victim, such as cutting down and closing down the upper right floor and other heavy water-frames, which requires approximately six weeks of treatment due to such occupational negligence.

2. The Defendant violated the Road Traffic Act (driving a sound driving) driving of a passenger vehicle with B investment vehicle while under the influence of alcohol by 0.123% at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A medical certificate;

1. A traffic accident report;

1. On-site evidence photographs of a traffic accident;

1. Report on the circumstantial statements of a drinking driver, and the results of the control of drinking driving;

1. Records before judgment: Criminal records, etc., inquiry reports, investigation reports, and application of Acts and subordinate statutes governing non-prosecution decisions;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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