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(영문) 광주지방법원 순천지원 2018.08.09 2018고단1070

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is engaged in driving of low-speed cars.

On April 7, 2018, without a driver's license of a motor vehicle around 19:05, the Defendant driven the above vehicle while under the influence of alcohol level of 0.158% in blood, and proceeded with the former D-do road in the front direction of the Goi-gun, Goi-gun, Seoul with a high gold distance from the boundary of the new rural village.

In such cases, a road with a center line of yellow solid lines is installed, a person engaged in driving of a motor vehicle shall not intrude into the center line unless there is any unavoidable reason, and he/she has a duty of care to ensure that he/she is able to safely drive the wheel and safely drive the wheel line and prevent accidents in advance.

Nevertheless, the Defendant neglected this and received the part of the FST3 car driving log in front of the driver’s seat of the Defendant’s vehicle, which was driven by the injured Party E (64) who was driving in the middle line.

As a result, the Defendant suffered, by negligence on the part of the above business, from the victim G (the 62-year old age), about six weeks of medical treatment of the victim, such as “satisf and tensions,” which requires approximately two weeks of medical treatment,” and as a result, he suffered from the victim G (the 62-year old age), who was on board the steering boat on the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Notification of the results of regulating driving of drinking alcohol and report on the situation of driving of drinking alcohol;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 3 (1) of the relevant 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 the facts constituting an offense, and Articles 152 subparagraph 1 and 43 of the Road Traffic Act (a point of driving without a license)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of a sentence of imprisonment without prison labor for crimes violating the Traffic Act at the option of a sentence, and a sentence of imprisonment without prison labor for the crimes violating the Act on Special Cases concerning the Settlement of Traffic Accidents;

1. The aggravated Criminal Act for concurrent crimes.