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(영문) 광주지방법원 2015.01.15 2014고단4449
교통사고처리특례법위반등
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 two years from the date of the final judgment.

Reasons

Punishment of the crime

The Defendant is a person who violated Article 44(1) of the Road Traffic Act on May 8, 2012 and June 13, 2012, and was sentenced to a fine of KRW 5 million for a violation of the Road Traffic Act at the Gwangju District Court on September 3, 2012.

1. Around 20:50 on October 19, 2014, the Defendant driven CL car in the section of about 3 km from the front road of the Si Young apartment located in the Masan-dong in Gwangju Mine-gu to the roads of the daily running distance of the day running from around 21:00 on the same day, while under the influence of alcohol of 0.137% of alcohol level.

2. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person engaging in driving a C LA car.

On October 19, 2014, the Defendant driven the said car with a blood alcohol concentration of 0.137% 0.137% around 21:00, and continued to drive the said car at a speed of about 50km per hour from the boundary of the mine police station to the Honam University at the speed of 3 lanes.

At the same time, there was an intersection where signal lights are installed, so in such cases, it was necessary to check whether a person engaged in driving a motor vehicle has a motor vehicle driving the motor vehicle using the intersection by reducing the speed for the person engaged in driving the motor vehicle, and by safely driving the motor vehicle according to the traffic signal, and to prevent the accident in advance.

Nevertheless, the Defendant neglected this and proceed in violation of the signal even though the signal is changed to a stop signal.

At the same level, the front part of the E SP car of the victim D (ma, 60 years old), which was normally left pursuant to the new subparagraph, was received by the defendant's driver as the front part of the car.

Ultimately, the Defendant, by occupational negligence above, sustained injury to the victim D, such as a scambry which requires approximately two weeks of medical treatment.

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