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(영문) 광주지방법원 2014.03.26 2014고단10
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is the owner of the passenger car B and is the driver.

The Defendant, while under the influence of alcohol around 17:30 on October 24, 2013, driving the said vehicle while driving the said vehicle in the direction of Gwangjubuk-dong, using four-lanes in the direction of the Educational University in the direction of Gwangju District, has breached red signal signal and has been straighted. In doing so, the Defendant: (a) has shocked the victim C, who was in a direct position in accordance with normal new conditions using two-lanes in the direction of Gwangju High-ro, in the direction of Gwangju High-ro, into the two-lanes in front of the right side of the vehicle; (b) has shocked the two-lanes in front of the vehicle driving by the victim C while driving the said vehicle in the direction of Gwangju High-ro; (c) has shocked the two-lanes in front of the vehicle driving by the victim E with three-lanes in the same direction; and (d) has broken the part of the front left side of the vehicle driving in the direction of Gwangju High-ro, requiring approximately two weeks treatment for the driver of the D vehicle, and the driver of the vehicle.

B. The above vehicle is driven by 0.110% alcohol level at the same time as the above paragraph A, while under the influence of alcohol level 0.10%, around 3 km from the front of the 412-dong in Gwangju Northern-gu to the front of the same flow distance at the same time.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C and E;

1. Each medical certificate of C, E, and G;

1. Application of Acts and subordinate statutes to the practical survey report, on-site photographs, and on-site driving report;

1. Article 3 (1), the proviso to Article 3 (2) 1, and Article 3 (2) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents (the point of gross negligence in the line of duty), Article 148-2 (2) 2, 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. Selection of imprisonment without prison labor or imprisonment with prison labor for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in Need of Selection of Punishment;

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.

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