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(영문) 광주지방법원 2020.10.22 2020고단3998
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six months.

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. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) by the Defendant is a person engaging in driving a vehicle B.

On July 14, 2020, the Defendant driven the said car with a blood alcohol concentration of 0.149% on July 14, 2020, while under the influence of alcohol around 00:15, and led the Defendant to drive the said car in front of the water pet zone in front of the water 59 as the full course of Gwangju Mine-gu in the direction of the New Changdong post office using one lane between three lanes in the direction of the National Bank shooting distance.

Since the location is a road where the center line of yellow solid lines is installed, there was a duty of care to see the center line so that drivers are not able to fluord the center line and to properly operate the steering gear so that traffic accidents can be prevented.

Nevertheless, the Defendant neglected to do so under the influence of alcohol, and was negligent in the course of driving the center line due to driving stroke, and was driven in the direction of the New Changdong post office in the direction of the National Bank located in the direction of the new Changdong post office depending on one-lane of the opposite stroke, among the two-lanes of the passenger bank stroke, and was driven in the direction of the victim C(45 years old) driving.

After all, the Defendant suffered injury to the above victim C and the victim E (the 17-year old), who is the same passenger of the above victim’s frighting vehicle, respectively, due to the above occupational negligence, for approximately two weeks of medical treatment.

2. While the Defendant was under the influence of alcohol by 0.149% in blood alcohol concentration at the time and time as stated in the preceding paragraph, the Defendant driven a BH car from the front side of the Government Mine-dong Partnership Building located in Gwangju Northern-gu, 208-ro 43, to the G front roads located in Gwangju Mine-gu.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. A report on the actual state of the driver;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Criminal facts;

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