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(영문) 광주지방법원 순천지원 2019.10.08 2019고단1384
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a Brane car.

On May 18, 2019, at around 13:00, the Defendant, while under the influence of alcohol, was driven by 0.065% of blood alcohol concentration, was driven by one way from the side of the CGV distance at the same ecological tunnel at the time of drinking water.

A person engaged in driving service has a duty of care to safely drive the vehicle by accurately operating the front, rear, and left and right, and by maintaining the safety distance with the front vehicle.

그럼에도 피고인은 술에 취하여 이를 게을리한 채 그대로 진행을 한 과실로 같은 진행 방향 앞에서 정차 중이던 피해자 D(45세)가 운전하는 E 팰리세이드 승용차의 뒷범퍼 부분을 피고인의 차량 앞범퍼 부분으로 들이받았다.

Ultimately, the Defendant suffered, by such occupational negligence, damages to the victim D’s reputation in the part where the head is missing for about two weeks, damages to the victim F, who is the passenger of the victimized vehicle, and damages to the head’s reputation in the part where the head is missing for about two weeks in need of treatment, etc., damages to the victim F, who is the passenger of the victimized vehicle, and damages to the victim G, who is the same passenger, about ten weeks in need of treatment for about one week, such as satis, tensions, tensions, etc., and damages to the victim H, who is the same passenger, for about fourteen weeks in need of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The actual condition survey report;

1. The circumstantial statement of the employee;

1. Each written diagnosis;

1. Application of each statute on photographs;

1. Article 148-2 (2) 3 and Article 44 (1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018 and enforced June 25, 2019); Article 3 (1) and 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. Trade name;

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