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(영문) 광주지방법원 2015.04.23 2014고단4463
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, for two years from the date this judgment became final and conclusive, the above sentence shall be executed.

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person engaging in driving a B human free car.

On September 21, 2014, the Defendant driven the said car at a 0.052% alcohol concentration of blood around 05:25, while under the influence of alcohol on September 21, 2014, and led to the two-lanes between the two-lanes from the territorial intersection to the Yannam-gun, the king-type king-type king, the king-type king-type, the king-type, the king-type, the king-type, the king-type, the

At the time, there is an intersection where signal lights are installed at night and at the front, so in such a case, there is a duty of care to prevent accidents in advance by reducing speed and maintaining a safe distance for those engaged in driving business.

Nevertheless, the Defendant neglected to stop the car in the second lane as it was due to the negligence of the Defendant’s negligence while driving the car in the influence of alcohol, and the car in the second lane was stopped in accordance with the new line, and the vehicle was rapidly changed to the first lane in order to avoid this, and the part behind the car in the D Pote, which was driven by C while in the signal atmosphere at the front of the first lane, was received as the front part of the Defendant’s car.

Ultimately, the Defendant suffered injury to the victim E (the aged 22) who was on the back of the driver's seat of the Defendant's car due to the foregoing occupational negligence, including the following: about 32 weeks in need of medical treatment.

2. The Defendant violated the Road Traffic Act (driving a sound driving) at the section of approximately 32 km from the road in front of the mutual influorite city in Gwangju-gu, Gwangju-gu to the place in paragraph 1, the Defendant driven B personal car while under the influence of alcohol content of about 0.052% from the section of approximately 32 km to the place in paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A medical certificate;

1. A traffic accident report;

1. Making a report on the control of drinking driving;

1. Application of traffic accident evidence examination and photographing statutes;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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