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(영문) 광주지방법원 2018.06.05 2018고단1454
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not less than five 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

1. The Defendant is a B Radon driver.

On March 30, 2018, the Defendant stopped the said vehicle under the influence of alcohol level of 0.086% from blood alcohol level around 03:20 on March 30, 2018, while driving the said vehicle along the alley road in front of "D" (the vicinity of the Gwangju Mine District apartment) along the alley road in front of "D," from the direction of the transmission IC to the Cside of the mine area in the direction of the air.

At the time, there was a victim E (19 tax) and victim F (19 tax) on the front side of the Defendant driver's vehicle.

In this case, a driver of a motor vehicle has a duty of care to take the front side and left side well and to accurately manipulate the steering and brakes so as to prevent accidents.

Nevertheless, due to the influence of the head of the vehicle, the victim E, who was on the front side of the Defendant’s driver’s vehicle due to negligence while neglecting this, was placed on the front side of the Defendant’s driver’s vehicle, and the victim F was placed on the front part of the left side of the Defendant’s vehicle.

As a result, the Defendant suffered by the victim E (19) the injury, such as the left-hand satise, satise, satise, satise, satise, etc., requiring approximately three weeks of treatment to the victim F (19) by the above negligence.

2. On March 30, 2018, the Defendant: (a) driven the vehicle as referred to in paragraph (1) while under the influence of alcohol leveling 0.086% of alcohol level in a section from the front of a restaurant near the Southern-gu Seoul Southern-gu Mandong, to approximately 9km in a section not exceeding 0.086% of alcohol level; and (b) around March 30, 2018, the Defendant driven the vehicle as referred to in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and E;

1. A survey report on actual conditions;

1. A report on the detection of a primary driver;

1. Statement of the circumstances of the driver involved in driving;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the proviso to Article 3(2)8 of the same Act concerning criminal facts, Article 268 of the Criminal Act (a point on duty and on duty) and Article 148-2(2)3 of the Road Traffic Act.

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