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(영문) 광주지방법원 2018.02.08 2017고단5640
교통사고처리특례법위반(치상)등
Text

The punishment of the accused shall be determined by four months of imprisonment.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a benz car.

On October 22, 2017, the Defendant driven the above car at around 16:55, and led the Defendant to go straight at a low speed, depending on five-lanes in the direction of light shooting distance, from five-lanes in the direction of light shooting distance, on the roads of Gwangju Agricultural Cooperatives, Seocheon-gu, Gwangju.

In this case, a person engaged in driving of a motor vehicle has a duty of care to safely operate the motor vehicle by properly operating the steering gear and properly operating the steering gear.

Nevertheless, the Defendant, while under the influence of alcohol level 0.142% in blood, was negligent in neglecting the front-round speed at the vehicle located on the front side of the Defendant’s vehicle, and caused the Defendant’s back part of the victim C (69 years old) who stops on the front side of the vehicle in the front body of the vehicle.

Ultimately, the Defendant suffered injury to the victim, such as salt dynasium, which requires approximately two weeks of treatment due to occupational negligence as above.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of a traffic accident C;

1. Statement of the circumstances of the driver involved in driving;

1. Response to a request for appraisal;

1. A survey report and a diagnosis report on actual conditions;

1. The application of the Act and subordinate statutes to an investigation report (the application of the aforementioned d mark) and inquiry of the results of crackdown on drinking driving (45 pages of investigation records);

1. Article 3(1) and the proviso to Article 3(2)8 of the former Act on Special Cases concerning the Settlement of Traffic Accidents (Amended by Act No. 14277, Dec. 2, 2016); Article 268 of the Criminal Act; Article 148-2(2)2 and Article 44(1) of the Road Traffic Act concerning facts constituting an offense

1. Selection of each sentence of imprisonment with prison labor for the crime against the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents at the Time of the Punishment and the Violation of Road Traffic Act;

1. The punishment provided for in the former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 38(2) and Article 50 of the Criminal Act, which shall be aggravated for concurrent crimes, shall be imposed.

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