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(영문) 광주지방법원 해남지원 2015.09.10 2015고단322
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six 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

On July 10, 2015, the Defendant driven B vehicles with blood alcohol concentration of 0.074% without obtaining a driver's license on July 10, 2015, and proceeded to the intersection of three-lanes in front of the 119 Safety Center in the west-do Eup, west-do, 119 Safety Center in the front of the frontnam-do.

At the time, the defendant was followed by the victim C's vehicle driving in the same direction as the defendant's vehicle. In such a case, the driver of the motor vehicle had a duty of care to ensure the safety distance by properly examining the front side and to prevent the accident.

Nevertheless, while the defendant neglected to stop the above, the part of the damaged vehicle to start after the signal waiting on the above road was shocked by the front part of the Defendant vehicle.

The Defendant, by such occupational negligence, sustained injury to the victim C, such as bones bones, etc. which requires approximately three weeks of medical treatment, and suffered injury to the victim E, who is the passenger of the victimized vehicle, such as cerebral sugar, for about three weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Each written diagnosis and the register of driver's licenses;

1. On-site evidentiary photographs;

1. Application of Acts and subordinate statutes to a traffic accident occurrence report, a traffic accident actual investigation report, a circumstantial report on a drinking driver, and a report on the control of drinking driving;

1. Article 3 (1), the proviso to Article 3 (2) 7 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. As to the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, imprisonment without prison labor shall be sentenced and as to the violation of the Road Traffic Act, imprisonment shall be sentenced

1. The Criminal Act among concurrent crimes.

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