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(영문) 광주지방법원 2020.04.09 2020고단208
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

1. A person who violates the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person engaged in driving a Bsch Rexton sports cargo vehicle;

On January 12, 2020, the Defendant driven the foregoing cargo vehicle with a blood alcohol concentration of 0.047% at around 20:03, while driving it in the influence of alcohol, and was proceeding in the direction of the reorganization of the house in the same area of Daejeon-ri, Daejeon-ri, Daejeon-do, the Donnam-do, Chungcheongnam-do.

Since there is an intersection where a signal, etc. is installed, the driver has a duty of care to safely drive the vehicle in accordance with the new subparagraph after checking whether there is a vehicle that drives along the intersection by reducing the speed and by properly examining the right and the right of the road.

Nevertheless, the Defendant neglected this and sustained the injury of the victim C (the 29-year-old driver)'s driving of the victim C (the 29-year-old driver's age) driving in violation of the signal from the right-hand side of the Defendant's vehicle driving to the left-hand side of the Defendant's vehicle, and caused the victim C with the injury of the mouths, closedness, etc. of a tool that requires approximately seven weeks of medical treatment, the injury of the victim E (the 27-year-old driver's age), the victim E (the 27-year-old driver's age), the victim E (the 27-year-old driver's age), who is a passenger of the damaged vehicle, with no two emergency medical treatment for about two weeks of medical treatment, and the injury of the victim C (the 2-year-old driver's age) who is in need of approximately two weeks of medical treatment.

2. On September 4, 2013, the Defendant was issued a summary order of KRW 3 million by the Gwangju District Court for a crime of violating the Road Traffic Act.

On January 12, 2020, the Defendant was under the influence of alcohol of 0.047% from blood alcohol level around 20:34, the Defendant driven a Bsch Rexton sports cargo vehicle at approximately 4km from the front of the F village in Haju-si, Jeonnam-si to the front of the same Myeonnam-do.

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