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(영문) 광주지방법원 2015.11.19 2015고단3557
교통사고처리특례법위반등
Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a cargo vehicle B with a ton of 1 ton.

On September 6, 2015, the Defendant driven the above vehicle under the influence of alcohol of 0.105% with blood alcohol concentration around 18:50 on September 6, 2015, and was in the direct control of the intersection of the shooting distance in front of the first apartment in the Gwangju Mine-gu calculated-gu, Gwangju.

Since there was a cross-section where signal apparatus was installed, a person engaged in driving service has a duty of care to prevent accidents in advance by driving safely according to the new code.

Nevertheless, under the influence of alcohol, the Defendant, by negligence in violation of the above signal while neglecting it, received the front part of the victim C(59 years old) driving in accordance with the new code from the right side of the Defendant’s running direction to the left side of the Defendant’s driving direction, as the front part of the Defendant’s vehicle.

As a result, the Defendant suffered from the above occupational negligence to the victim C the injury of the victim E (the 64-year old-age) such as the 5-day left-hand aggregates, etc., the injury of the victim E (the 64-year-old) who was on the said spke car, which requires approximately two weeks of medical treatment, and the injury of cage cage cages, tensions, tensions, etc., and the victim F (the 61-year-old age-old) which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of Acts and subordinate statutes to the actual condition survey report, each photograph, the circumstantial statement of a host driver, the report on detection of a host driver, and the written diagnosis; and

1. Article 3 (1), Article 3 (2) (proviso) 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 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense;

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

1. As to the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Sentence, imprisonment without prison labor and imprisonment with prison labor for the violation of the Road Traffic Act shall be chosen;

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