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(영문) 광주지방법원 해남지원 2016.12.01 2016고단416
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On October 30, 2008, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act at the Seoul Southern District Court, and a fine of KRW 4 million for the same crime at the Seoul Southern District Court on June 20, 2013.

【Criminal Facts】

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

On September 16, 2016, the Defendant driven the said car with a blood alcohol level of 0.104% 0.104% on September 30, 2016, and continued to drive the said car on a one-lane road in front of the Maritime Prison in front of the Maritime Prison in the southwest-gun, west-gun, west-gun, west-do, the front side of the west-do prison in front of the west-gun, west-do.

Since the place is a road where the center line of yellow-ray is installed, there was a duty of care to ensure that a person engaged in driving service should thoroughly operate the front line and safely to maintain the tea line.

Nevertheless, the Defendant neglected to do so under the influence of alcohol and neglected to proceed with the center line, and received the left-hand side part of the DNA passenger vehicle driven by the victim C (W, 42 years old) who was in the opposite direction, from the left-hand side of the Defendant’s vehicle.

The Defendant suffered approximately two weeks of medical treatment from the victim by occupational negligence as above, following the need for medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A medical certificate (C);

1. Reports on the occurrence of a traffic accident, reports on traffic accidents (1) (1), notification of the results of crackdown on drinking driving, circumstantial reports on drinking drivers, and inquiry into the results of crackdown on drinking driving;

1. A photograph of the accident site, and the evidence of the traffic accident in front of each South Korean correctional institution;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports (A) and Acts and subordinate statutes to investigation reports (a copy of summary order);

1. Article 3 (1), Article 3 (2) (proviso) 2 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, Article 268 of the Criminal Act concerning criminal facts;

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