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(영문) 광주지방법원 순천지원 2020.05.13 2019고단2200
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

Criminal facts

On October 28, 2011, the Defendant was issued a summary order of KRW 1 million as a crime of violation of the Road Traffic Act in the Gwangju District Court's Netcheon Branch on October 28, 201.

On July 2, 2019, the Defendant, who is engaged in driving of a vehicle B with low alcohol, driven the said vehicle while under the influence of 0.146% of blood alcohol level around 18:30 on July 2, 2019, and continued the immediately preceding road to the intersection of the luminous T at the luminous time, along the two-lane distance from the direction of the luminous line.

At that time, the Defendant was immediately adjacent to the intersection, and at that time, the Defendant followed a F rocketing car driven by the victim E (the age of 46). In such a case, the Defendant had a duty of care to maintain an appropriate distance and to ensure the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and duty

However, under the influence of alcohol, the Defendant did not find out that the vehicle of the victim driving was stopped to turn to the left due to negligence of neglecting the above duty of care, and did not find out the vehicle of the victim driving, and the part of the vehicle of the Defendant driving shocked the part behind the vehicle of the victim driving.

The Defendant, by negligence in the course of performing the above duties, suffered from the injury of a diversous diversous salt of the drilling and the diversary diversary saf.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. A traffic accident report (1) (actual survey report), evidence on the site of the traffic accident, photographs, and medical certificate;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (verification of suspect's drinking and driving without a license), application of statutes of the judgment;

1. Relevant provisions of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Articles 148-2 (1) and 44 (1) of the Road Traffic Act (the point of sound driving and the choice of imprisonment), Article 3 (1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, the Criminal Act.

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