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(영문) 광주지방법원 2020.10.15 2020고단3506
교통사고처리특례법위반(치상)등
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A defendant shall be punished by imprisonment for six months.

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 who is engaged in driving a brand-low driver car

On July 7, 2020, the Defendant driven the above vehicle on July 7, 2020, and led the D3rd distance in Gwangju Seo-gu to the surface of coefficient shooting distance.

Since there are three-distances where vehicle signal lights are installed, the person engaged in the driving duty has a duty of care to safely conduct by checking the traffic situation on the front side and the right side side, whether there is no signal signal in the front side.

Nevertheless, while under the influence of alcohol, the Defendant did not discover a F-Motor vehicle in the victim E (the age of 25) driving in the traffic signal atmosphere due to negligence while neglecting it, and received the rear part of the victim driving vehicle as the front part of the Defendant driving vehicle.

As a result, the Defendant suffered, by negligence in the above business, the victim was unable to take a two-time open room for treatment.

2. Around July 7, 2020: (a) the Defendant was under the influence of alcohol with a blood alcohol concentration of 0.186% on July 7, 2020; (b) the Defendant driving a B-low-income car within approximately one kilometer from the front of Seo-gu, Seo-gu to the front distance in the same Gu C.

Summary of Evidence

1. Defendant's legal statement;

1. A E-document;

1. A report on the actual condition of the survey report on the actual condition of the driver;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (3) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act (the point of sound driving and the choice of imprisonment) concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 of the Criminal Act:

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