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(영문) 광주지방법원 2020.09.24 2020고단3716
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for one year.

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

1. The Defendant is a person who is engaged in driving a motor vehicle B in accordance with the Special Act on the Settlement of Traffic Accidents.

On July 3, 2020, the Defendant driven the above vehicle while under the influence of alcohol 0.142% of blood alcohol level on July 3, 2020, and led the Defendant to enter the intersection of the front distance in the Gwangju mine area C by straighting the intersection of the D front distance in the direction of E in the direction of E from the monthly ebbbs.

At the same time, the two-lanes of the victim F(n, 28 years old), using one-lanes of the two-lanes of the two-lanes in the eths room from the Eths room, was in progress, so in such a case, the driver of the vehicle has a duty of care to take care of the eths and the right and the right and the right and the right and the right and the right of the vehicle and to safely drive the vehicle.

Nevertheless, under the influence of alcohol, the Defendant was negligent in proceeding with the Defendant’s vehicle’s left-hand side of the damaged vehicle, and subsequently received the parts behind the left-hand side of the damaged vehicle.

Ultimately, the Defendant caused the victim to suffer injury, such as salt, tensions, etc., in need of approximately two weeks of medical treatment due to such occupational negligence.

2. On December 21, 2018, the Defendant was issued a summary order of KRW 500,000 by the Ulsan District Court as a violation of the Road Traffic Act.

On July 3, 2020, at around 23:35, the Defendant driven a B Orus vehicle at the same place under the influence of alcohol level of 0.142%.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A statement prepared by the F;

1. A traffic accident report;

1. Each written diagnosis;

1. Notification of the results of the drinking driving control, and inquiry into the results of the drinking driving control;

1. Previous records of judgment: Application of criminal records, repeated statements and investigation reports (criminal records confirmation reports) Acts and subordinate statutes;

1. Article 3 of the Act on Special Cases Concerning the Settlement of Traffic Accidents and the Selection of Punishment.

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