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(영문) 광주지방법원 2020.05.21 2020고단678

교통사고처리특례법위반(치상)등

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A defendant shall be punished by imprisonment for not less than one year and 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

[Power of violation of Article 44(1) of the Road Traffic Act] The Defendant was issued a summary order of KRW 3 million at the Gwangju District Court on June 12, 2018 as a crime of violation of the Road Traffic Act.

【Criminal Facts】

1. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving Bunst motor vehicles.

On January 16, 2020, the Defendant driven the said car under the influence of alcohol of 0.056% without a driver’s license on January 16, 2020, and driven the D neighboring road in the city of Briju with a two-lane distance outflow from the territorial intersection to the outer intersection.

Since there is a center line of yellow solid lines, there was a duty of care to pass the center right side of the road to a person engaged in driving of a motor vehicle.

Nevertheless, the Defendant neglected this and proceeded with the central line while under the influence of alcohol without a driver’s license. The Defendant was in front of the Defendant’s car, with the Fsch Rexroth driving (59 years old) driven by the victim E(59 years old), who was going straight along one-lane from the remote distance room to the territorial intersection.

Ultimately, the Defendant suffered injury to the victim, such as salt, tensions, etc. in need of treatment for about two weeks due to the above occupational negligence.

2. Violation of the Road Traffic Act and the violation of the Road Traffic Act (Free Driver’s License) were driven by the Defendant on the 500-meter section of the B rocketing car from the jum-si Park located in the Hemsan Prisoners of war in the state of alcohol of 0.056% without a driver’s license to the roads near D in the same city of Si.

As a result, the defendant violated Article 44 (1) of the Road Traffic Act more than twice and operated a motor vehicle without a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. E.