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(영문) 광주지방법원 목포지원 2016.11.25 2016고단1137
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) by the Defendant is a person engaged in driving a passenger car in B SP land.

On August 26, 2016, at around 20:26, the Defendant was under the influence of alcohol with 0.189% of alcohol concentration 0.189%, and the Defendant continued the front line of the gold apartment in the front of the Gamamamho-gun, Young-gun, Young-gun, the front line of the gold apartment in the front of the Gamho-gun, Young-gu, Seoul, at an irregular speed from

Since the place was located in the intersection, a person engaged in the driving of a motor vehicle shall not drive the motor vehicle while under the influence of alcohol, and there was a duty of care to safely drive the motor vehicle after checking the direction of the driving of another motor vehicle entering the intersection and safely prevent accidents by driving the motor vehicle.

Nevertheless, due to the negligence that the Defendant, while driving while under the influence of alcohol due to his negligence, was faced with the sudden stop, the Defendant first entered the said revolving intersection and proceeded to the Hanyang apartment from the side of the surrogate riding track for surrogate payment, and the Defendant’s vehicle behind the Defendant’s vehicle, followed the left side of the victim C(35 years old)’s rocketing car, followed by the pent portion into the right side of the said motor vehicle.

As a result, the Defendant suffered injury to the victim, such as brain salvin, which requires treatment for about two weeks due to such occupational negligence.

2. The Defendant violated the Road Traffic Act (driving) driving a vehicle B under the influence of alcohol content of about 0.189% at the section of approximately 500 meters from the 500-meter radius from the 500-meter radius to the 500-meter radius from the 500-meter radius from the 500-meter radius from the 50-meter radius from the 500-meter radius.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The application of Acts and subordinate statutes to a survey report on actual condition, a traffic accident scene photograph, a diagnosis report, a notification of the results of the control of drinking driving, and a report on investigation (the confirmation of video records of damaged vehicles);

1. Handling of traffic accidents under relevant Articles of the Act and selective punishment concerning facts constituting an offense;

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