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(영문) 광주지방법원 2017.08.24 2017고단2619
교통사고처리특례법위반(치상)등
Text

The punishment of the accused shall be determined by six months of imprisonment.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On June 3, 2017, the Defendant driven a BMW car with a alcohol level of 0.073% 0.073% during blood transfusion around 04:50 on June 3, 2017, and led the Defendant to drive a three-lane road at the entrance of the BM car at the northwest-gu, Gwangju, Northwest-gu, 257 (Donggdong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong.

In such a case, the driver of a motor vehicle has a duty of care to thoroughly drive the front road and safely drive the motor vehicle in compliance with the lane and prevent the accident. Nevertheless, the defendant neglected this duty and caused the injury to the victim E, who boarded the motor vehicle in the above SM3 vehicle, by collisioning the front of the CM3 motor vehicle in front of the defendant vehicle in order to turn to the left at one lane among the five lanes opposite to the opposite lane due to the negligence of the central line.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A written statement of the occurrence of E traffic accidents;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. A survey report on actual condition and an accident scene photograph;

1. Application of Acts and subordinate statutes of a general medical certificate;

1. According to the records under Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the proviso of Article 3(2)2 of the Act on Special Cases concerning the Settlement of Traffic Accidents as to criminal facts, it is evident that the proviso of Article 3(2) proviso of the Act on Special Cases concerning the Settlement of Traffic Accidents has been omitted. Thus, it shall be corrected ex officio to the extent that it does not interfere with the defendant’

Subparagraph 8, Article 268 of the Criminal Act (the point of injury caused by occupational negligence) and Article 148-2(2)3 and Article 44(1) of the Road Traffic Act (the point of driving under influence of alcohol)

1. Selection of each sentence of imprisonment with prison labor for the crime against the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents at the Time of the Punishment and the Violation of Road Traffic Act;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the same Act (the punishment shall be aggravated by concurrent crimes with the punishment prescribed for a crime of violating the Act on Special Cases concerning the Settlement of Traffic Accidents, which is heavier than the punishment, but shall be punished by imprisonment with prison labor);

1. Article 62 of the Criminal Act:

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