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(영문) 광주지방법원 2017.10.31 2017고단3778
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant violates the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) is a person driving B rocketing or another car.

On June 15, 2017, the Defendant driven under the influence of alcohol concentration of 0.078% among the blood transfusion around 23:30 on June 15, 2017, and proceeded two lanes in front of the D cafeteria in the city of the State, one of three lanes in front of the D cafeteria in the city of the State, at a speed of 30-40 km from the center of the central elementary school to the bank apartment protection area.

At the time, on-and-off signals are installed at night and at the front time, so in such a case, the driver of the motor vehicle has a duty of care to accurately operate the steering gear, brakes and other devices of the motor vehicle, and not to drive the motor vehicle at such a speed or in such a manner as to cause danger and harm to others, depending on the traffic situation of the road and the structure and performance of the motor vehicle.

Nevertheless, under the above circumstances, the Defendant was negligent in neglecting the above duty of care, and the Defendant got the victim E (53 tax) who was crossing the road to the right side from the left side of the Defendant’s proceeding direction, as the above vehicle of the Defendant’s above, and suffered injury to the victim, such as the right shoulder, the right pelle, the right pelle, the right pelle, and the right pelle, which require treatment for about eight weeks.

2. On June 15, 2017, the Defendant was under the influence of alcohol level of 0.078% among the blood transfusions around 23:30 on June 15, 2017, the Defendant driven B rocketing car at the section of approximately 3 km from the Do in front of the Yellow River cafeteria, which is in the Gyeongju City, to the front of the D restaurant located in C at the Naju City.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A survey report on actual conditions;

1. Evidence and photographs of the traffic accident;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. Inquiries about the results of crackdown on drinking driving;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3(1) and proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”) concerning criminal facts, the Criminal Act.

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