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(영문) 광주지방법원 2020.09.24 2020고단3591
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

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) by the Defendant is a person driving a motor vehicle B.

At around 16:20 on June 7, 2020, the Defendant was driving ahead of the Yeongsan River Basin Environmental Office in the direction of the Gwangju Seo-gu 31, Seo-gu, Seo-gu in the direction of the luminous Terminal.

In such cases, the driver of a motor vehicle has a duty of care to prevent accidents in advance by safely driving the motor vehicle, such as taking the front side and the left side well and accurately operating the operation and steering gear of the motor vehicle.

Nevertheless, under the influence of alcohol, the Defendant took the back portion of the D QM5 car driven by the victim C (hereinafter referred to as 37 years old) who had been driving in the same direction as the Defendant’s running direction due to occupational negligence, which caused the Defendant to neglect the operation of the brake system, etc., and caused the above QM5 car to be driven by the victim E (Nam, 38 years old) due to its shock.

Ultimately, the Defendant suffered injury to the above victim C, such as salt and tension, which requires a two-day medical treatment, due to such occupational negligence, and suffered injury to the victim G (Seoul and 7 years old) who was on board the said QM5 car, for about two weeks of medical treatment.

In addition, the above victims E suffered injuries, such as scopical salt, tensions, etc., which need to be treated for about two weeks, and at the same time, victims H (V, 32 years of age), who was on a car in the franchise, suffered injuries, such as scopic salt, tensions, etc., for about two weeks of medical treatment.

2. Around 16:20 on June 7, 2020, the Defendant driven a B lusian car with a blood alcohol concentration of about 0.161% in a section of approximately one kilometer from the front of the Seo-gu Special Metropolitan City I apartment road to the front road of the Yeongsan River Basin Environment Office located in 377 in the same southwest-gu.

Summary of Evidence

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