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(영문) 광주지방법원 2018.12.20 2018고단3521
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person engaging in driving a vehicle BMW X6 xD30d in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents.

On May 2, 2018, the Defendant driven the said car while under the influence of alcohol level of 0.052% among blood transfusion around 19:10, and led to driving the said car along one lane from the direction of the Gwangju Airport to the west-si, which is located as the regular course of business in Gwangju-gu.

At the time, the Defendant’s frontline was a DK7 passenger vehicle driven by the Victim C (FW, 57 years old) who was under the influence of the frontline, and thus, in such a case, the vehicle driver had a duty of care to prevent accidents in advance by properly manipulating the steering gear, and safely operating the steering gear so as not to conflict with the vehicle in front.

Nevertheless, under the influence of alcohol, the Defendant was negligent in neglecting it and neglecting to properly operate the steering direction and operation system, and thereby received the back part of the Defendant’s passenger vehicle as the front part of the Defendant’s passenger vehicle.

Ultimately, the Defendant suffered injury to the victim, such as the pipe and tension of the part in need of approximately two weeks of medical treatment, and the part in need of scarcity, scarcity, tension, etc., due to the above occupational negligence.

2. On October 1, 2010, the Defendant received a summary order of KRW 1,50,000 from the Gwangju District Court to a fine of KRW 1,50,000 due to a crime of violating the Road Traffic Act, etc., and on July 17, 2018, the same court issued a summary order of KRW 5,00,00 as a fine for the same crime due to a self-driving of alcohol on April 27, 2018.

On May 2, 2018, the Defendant driven a BM x6xD 30d car under the influence of alcohol concentration of approximately 0.052% from the distance of approximately 3.6 km to the west-gu, Seo-gu, Gwangju metropolitan city, in front of the transmission market in the Songdong-gu, Gwangju metropolitan city to the front road.

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