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(영문) 광주지방법원 2018.12.20 2018고단4189
교통사고처리특례법위반(치상)등
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 a period of 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 Traffic Accidents (Bodily Injury) is a person who is engaged in driving a car B K5 car.

On October 12, 2018, the Defendant driven the said car under the influence of alcohol level of 0.088% among blood transfusions on October 23:52, 2018, and led to moving the distance in front of the lender apartment to the direction of the new apartment in the direction of the post office where the lender, apartment, in the Seo-gu Seo-gu Pung-gu, Gwangju, is to be changed to the direction of the new apartment.

Although a person engaged in driving a motor vehicle has a duty of care to observe the vehicle lines, to view the front line, and to safely operate the brake system so as to prevent accidents by operating it in advance, the part of the victim C (59 years old)’s front part of the signal waiting at the center line during the right-of-way by neglecting it due to negligence, was received as the part of the front part of the Defendant vehicle.

Ultimately, the Defendant suffered bodily injury, such as fluoral dump, which requires two weeks of medical treatment to the victim E (V, 45 years of age) and the victim F (V, 12 years of age) who was on board the victim C and taxi due to the foregoing occupational performance.

2. On October 12, 2018, the Defendant driving a B K5 car under the influence of alcohol leveling to approximately 0.088% in the front of the lender apartment located in the Gu Pungdong, Seo-gu, Gwangju, at around 23:52, GS25 convenience stores located in the Seo-gu, Seo-gu, Gwangju, with approximately 500 meters away from blood alcohol level.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Notification of the results of crackdown on drinking and inquiry of the results of crackdown on drinking driving;

1. Investigation Report - Statements by victims;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to photograph the situation of an accident, boom images, and to cover a course;

1. Article 3 (1), the proviso to Article 3 (2) 2, and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 3, and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense (a point of driving under influence of alcohol);

1. Trade name;

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