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(영문) 광주지방법원 해남지원 2018.02.08 2017고단433
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

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

On October 24, 2017, the Defendant driven the said car under the influence of alcohol level of 0.185% among blood alcohol level around 19:50 on October 24, 2017, and opened a one-lane road of 895, which is located in the city of Nando-gun, Nando-ro, Namdo-ro, all over a speed of 40km from the surface of the bank.

Since there is a road where the center line of yellow solid lines is installed, there was a duty of care to ensure that a person engaged in driving service should thoroughly see the front line and safely drive the car line.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving the center line with the Defendant’s negligence, and received the part of the victim C(44 ) coming from the opposite direction, which was driving by the Defendant, prior to the left-hand side of the D Poter freight, as the top-hand part of the Defendant’s car.

Ultimately, the Defendant suffered, by such occupational negligence, injury to the victim C, such as knee, knee, knee, knee, knee, etc., who needs to be treated for about three weeks, to the victim E (37 years of age) who was accompanied by the damaged vehicle, brain-dead, etc., which had no wife in two opens requiring to be treated for about two weeks, and to the same victim F (41 years of age), for about three weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Each written diagnosis (C, E, and F);

1. Reports on the occurrence of a traffic accident, reports on the occurrence of a traffic accident, reports on a traffic accident, notification of the results of regulating the driving of drinking alcohol, and statements made under the circumstances of the driver who takes driving;

1. A documentary evidence produced at the time of the accident;

1. Application of Acts and subordinate statutes to report on investigation (report on the situation of the driver in charge);

1. Article 3 (1), the proviso to Article 3 (2) 2, and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense (a point of driving under influence of alcohol);

1.Articles 40 and 50 of the Criminal Code of Trade and Trade (Article 40).

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