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(영문) 광주지방법원 2017.12.21 2017고단4994
교통사고처리특례법위반(치상)등
Text

The punishment of the accused shall be determined by eight 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 of Category C cargo vehicles.

On October 30, 2017, the Defendant driven the above cargo under the influence of alcohol level of 0.110% among blood transfusions on October 30, 2017, and led to driving at the speed of about 50km from the northwest-gu, Gwangju to the northwest-gu.

At that time, there is a center line of yellow solid lines, so in such a case, there was a duty of care for a person engaged in driving a motor vehicle to drive the motor vehicle.

Nevertheless, the Defendant neglected to do so under the influence of alcohol and caused the damage to the victim D (27 tax) who was in the atmosphere of the signal while living together with the center line due to the negligence that led to the Defendant’s failure, and shocked into the front part of the left-hand part of the vehicle driven by the Defendant.

As a result, the Defendant suffered, by its occupational negligence, injury to the victim D, such as salt panions, which requires approximately two weeks of treatment, and injury to the victim F (V, 27 years of age) who was aboard the damaged vehicle, such as salt panions requiring two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each traffic accident report of D or F;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. A survey report on the actual condition of a traffic accident (1 and 2), and an accident scene photograph;

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

1. Article 3(1), proviso to Article 3(2)2 and 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 criminal facts

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

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 aggravated Criminal Act for concurrent crimes.

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