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(영문) 광주지방법원 순천지원 2015.07.22 2015고단784
교통사고처리특례법위반등
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 5, 2006, the Defendant was sentenced to a fine of KRW 700,000 as a crime of violation of the Road Traffic Act, a fine of KRW 700,000 as a same crime in the same court on June 11, 2008, and a fine of KRW 3 million as a same crime in the same court on May 29, 2009.

The defendant is a person who is engaged in driving a CMW car.

On April 8, 2015, the Defendant driven the said vehicle under the influence of alcohol of 0.075% with a blood alcohol concentration of 0.075%, and proceeded at a speed of about 50km per hour between the two lanes in the direction of Han Jae-gu, in the direction of Han Jae-gu, along with two lanes in the direction of Han Jae-gu, in the direction of Han Jae-gu.

In such cases, there was a duty of care to safely drive a person engaged in driving a motor vehicle by checking the right and the right and the right of the driver.

Nevertheless, under the influence of alcohol, the Defendant, while negligent in driving a vehicle at the front section of the Defendant’s vehicle, tried to see the back part of the victim F (the age of 45) driving G bargaining vehicle in the front section of the Defendant’s vehicle, which was parked in the front section of the Defendant’s vehicle. The Defendant continued to drive the H (the age of 32) driving while driving the vehicle in front of the vehicle.

As a result, the Defendant suffered injury to the above victim due to the above occupational negligence, such as cerebral alky, in detail that requires treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of H and F;

1. A report on the occurrence of a traffic accident (one report), a de facto investigation report, and on-site evidence photographs;

1. A report on detection of violation of the Road Traffic Act, a report on the circumstances of driving under the influence of alcohol, the measurement of alcohol, and a certificate of notification of collection of blood;

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

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

1. Punishment;

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