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(영문) 광주지방법원 2018.12.13 2018고단4201
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment with prison labor 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

1. The Defendant is a person who is engaged in driving of CK7 cars in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On September 14, 2018, the Defendant, around 21:10, along the south-gu Seoul metropolitan city, continued to drive at a low speed, one-lane between the four-lane 4-lanes from each side of the bank in front of the road savings bank at the 341 road at each side of the bank in front of the road.

At the time, there was a crosswalk in which signal apparatus was installed at night and in the front direction of the defendant's driving, so in such cases, there was a duty of care to check whether a person engaged in driving of a motor vehicle gets on a crosswalk by reducing speed and checking well the right and the right and the right of the motor vehicle, and to safely drive the motor vehicle in accordance with the traffic signals, thereby preventing the accident from occurring.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving the front signal while in violation of the signal, and received the body of the victim D (57) who dried the crosswalk in accordance with the pedestrian signals by negligence, which was driven by the Defendant, for the front part of the said car.

As a result, the Defendant suffered injury to the victim, such as cutting the frame of the pelto part, which does not keep the right to the right in need of approximately seven weeks medical treatment, due to such occupational and practical division as above.

2. The Defendant was under the influence of alcohol level of 0.160% in blood alcohol level from around 3 km section of approximately 3 km from the roads before the Switzerland, Seo-gu, Seo-gu, Gwangju, Seo-gu, Gyeong-gu, to the front roads of the Gam Savings Bank No. 341, the Defendant driven CK7 cars in the state of alcohol level of around 0.160% in the middle-gu, Nam-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A survey report on actual conditions;

1. Notification of the result of regulating drinking driving;

1. A medical certificate;

1. Application of Acts and subordinate statutes to photographs to a scene of an accident and to photographe at the time of the accident;

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Punishment; proviso of Article 3(2)1, 6, and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents; the Criminal Act.

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