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(영문) 광주지방법원 목포지원 2017.05.18 2017고단243
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 who is engaged in driving a rocketing taxi.

On February 3, 2017, the Defendant driven the above taxi while under the influence of alcohol 0.131% during blood transfusion around 20:00, and led to the crossing of the above taxi in front of the fire department 301, Seo-ro, Seo-gu, Gwangju, Seo-gu, Seoul, to the intersection of the fire department 301, in the direction of the police station of the northwest, one-lane between the two-lanes of the shooting distance in the Goung-gu.

At that time, the signal was installed, and since the vehicle driving signal was the stop signal at the time, there was a duty of care to thoroughly drive the vehicle in front and safely in accordance with the new code.

Nevertheless, due to the negligence of negligent driving in violation of the signal while neglecting this, the defendant Eul, who was driven by the victim C(37 Do) who was driven by the driver in accordance with the vehicle driving signals from the right side of the defendant's proceeding to the left side, takes the pent part of the left side of the DK7 car driven by the defendant Eul (e.g., the victim E(e., the 57 years old) who was waiting in the traffic signal at the right side of the defendant's proceeding direction, and was led to the front part of the left side of the FSP car driven by the defendant's taxi.

As a result, the Defendant suffered from the victim C’s injury, such as dystrophal gambling, which requires approximately two weeks of medical treatment, and injury to the victim E, such as crypum dystrophal dys, which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of C and E;

1. Notification of the results of the accident site photographs, drinking driving control, and the application of Acts and subordinate statutes;

1. Article 3 (1), the proviso to Article 3 (2) 1 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of penalty;

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