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(영문) 광주지방법원 2014.05.29 2014고단598
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for one year.

Provided, That the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. On January 10, 2014, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person engaging in driving a gallon driver car. On January 10, 2014, the Defendant driving the said vehicle at a speed of about 40km from the fals of the gallon, the galle-gun, the 18th national highway, the galle-ro, the galle-ro, the gale-ro, the g

At the time, a reputation, high-speed tourist bus is parked on the right side of the defendant at the time, so there was a duty of care to prevent the defendant engaged in driving of the motor vehicle from shocking down the front door and left door well, and accurately operating the steering wheel and brake system, so that he does not shock the above parked bus.

Nevertheless, by negligence while under the influence of alcohol level 0.130%, the Defendant suffered injury to the victim D (Nam, 65 years old) who was aboard the Defendant’s vehicle by taking the back part of the left part of the bus as the front wheeler of the Defendant’s vehicle. The Defendant suffered injury, such as the “one-four-day pelle pelle,” which requires treatment for about 14 weeks on the part of the Defendant vehicle.

2. On January 10, 2014, the Defendant driven the vehicle described in paragraph (1) at a section of about 25km from the 19th to the voltage shooting distance located on the same erode side of the eropo-gun, a erode, at around 0.130% of blood alcohol level, while under the influence of alcohol at around 21:10%.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the prosecutor's protocol of interrogation of the accused;

1. Statement of the occurrence of each traffic accident in D and E;

1. Traffic accident report, report on detection of a drinking driver, and report on the circumstantial statement of a drinking driver;

1. Each report on investigation;

1. A medical certificate;

1. Application of Acts and subordinate statutes on the site map of traffic accident and accident site photographs;

1. Article applicable to criminal facts;

(a) Injury caused by occupational negligence: Article 3 (1) and proviso of (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act;

(b) The point of drinking: Article 148-2 (2) 2 of the Road Traffic Act and Article 44 (1) of the same Act;

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