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(영문) 광주지방법원 2021.01.21 2020고단5717
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 a period of 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) is a person engaging in driving a car with B Belgium.

On November 2, 2020, the Defendant driven the said vehicle while under the influence of alcohol level of 0.088% from blood alcohol level around 09:58, and led to the flow of the D shooting distance adjacent to Gwangju Seo-gu roads from E room to Fside level.

At the front of the defendant's running direction, there was a private intersection and the victim G (32 tax) was driven by this.

H Since there was a pre-paid vehicle of K3, the Defendant engaged in driving the automobile had a duty of care to care in preventing accidents by accurately manipulating the steering gear and operating the steering gear.

In such a situation, the Defendant, while being under the influence of alcohol, neglected to do so and continued by negligence, received the rearer of the damaged vehicle as the front part of the Defendant’s vehicle.

Ultimately, the Defendant caused the victim to suffer injury, such as salt, tensions, etc., in the 2 week medical treatment due to the above occupational negligence.

2. On April 30, 2013, the Defendant was issued a summary order of KRW 7 million for a crime of violating the Road Traffic Act by the Gwangju District Court on April 30, 2013.

Defendant 1 driven a Belgium car with B lebro while under the influence of alcohol concentration of 0.088% in blood at the above date and at the above place.

Accordingly, the Defendant violated Article 44(1) of the Road Traffic Act at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the G production;

1. A traffic accident report;

1. Notification of the results of regulating drinking driving;

1. A medical certificate;

1. 112 Reporting case handling table;

1. Previous conviction: Application of a written inquiry and a summary order, such as criminal history;

1. Article 3(1) and the proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents by the Selection of Punishment and Article 268 of the Criminal Act concerning criminal facts (the occupation of a person on duty and negligence and imprisonment without prison labor).

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