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(영문) 광주지방법원 2019.03.07 2018고단5275
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

Punishment of the crime

The defendant is a person who is engaged in driving a car in a SP area B.

On September 14, 2018, the Defendant driven the said car with a blood alcohol concentration of 0.073% 0.073% around 02:50 on September 14, 2018, and led to driving the said car at a speed of 193km/h, depending on two-lanes from the side of the Seoul Northern apartment, to the Gwangju metropolitan viewing.

At the time, it was difficult to set off a low-speed road at night, and there was a large number of vehicles at a point of 80km/h, so in such a case, a person engaged in driving a motor vehicle has a duty of care to observe the restricted speed and to properly operate the steering and steering gear, and prevent accidents by accurately operating the steering and steering gear.

Nevertheless, under the influence of alcohol, the Defendant, while neglecting it, was driven by the victim D (the age of 38) who was proceeding in the front bank by negligence, while driving a limited speed exceeding 113km/h, received the right retaining wall by continuously keeping it into the front part of the motor vehicle in front of the sprink and continuously keeping it back to the right.

Ultimately, the Defendant suffered, by such occupational negligence, injury to the victim D, such as catum catum, etc., requiring approximately 2 weeks of treatment, injury to the victim FF (the age of 38) who was on the car in the spati-type car, such as cat pressure cather, requiring approximately 12 weeks of treatment, injury to the victim G (the age of 42), such as fatum cating, requiring approximately 2 weeks of treatment, and injury to the victim H (the age of 35) such as spathum cating, etc. requiring approximately 7 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to G, I, and H;

1. Written statements of D;

1. The actual condition survey report;

1. Inquiries about requests for appraisal, reports on detection of drivers of drinking alcohol, and inquiries about the results of crackdown on drinking alcohol;

1. EDR analysis;

1. Investigation report (on-site CCTV verification);

1. Each written diagnosis;

1. Application of Acts and subordinate statutes, such as field photographs;

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