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(영문) 광주지방법원 2020.10.22 2020고단3816
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for a term of one year and two 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. Around 13:40 on June 17, 2020, the Defendant driven a Drocketing car at approximately 300 meters away from the south-gu Seoul Southern apartment road to the front road of the Southern-gu Seoul building, while under the influence of alcohol with a blood alcohol concentration of 0.232%.

2. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) by the Defendant is a person engaging in driving a Drocketing car.

On June 17, 2020, the Defendant driven the said car with a blood alcohol concentration of 0.232% 0.2% at around 13:40 on June 17, 2020, and led to the first line road in front of the building of Gwangju Nam-gu to Fwelter from the apartment side.

In this case, there was a duty of care to ensure that a person engaged in driving service has a duty of care to care well and safely drive.

Nevertheless, under the influence of alcohol, the Defendant was driven by the victim G(70 years of age) who was driven by the Defendant’s negligence neglecting the front time of the front time of the front time of the front time of the second time of the second time of the second time of the second time of the second time of the second time of the driving of the second time of the second time.

Ultimately, the Defendant suffered injury to the victim G and the victim I (year 72) who was accompanied by the aforesaid occupational negligence, such as salt, tension, etc. in need of approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each report on actual situation survey report on the actual status of the driver and the statement of the actual status of the driver;

1. Application of each written diagnosis (Evidence Nos. 17 and 21) statute;

1. Relevant provisions of Article 148-2 (3) 1, and Article 44 (1) of the Road Traffic Act (the point of sound driving), Article 3 (1), the proviso to Article 3 (2) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

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

1. Selection of a sentence of imprisonment without prison labor for the crime of violation of the Road Traffic Act in relation to the selection of a sentence, and the Act on Special Cases concerning the Settlement of Traffic Accidents;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;

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