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(영문) 창원지방법원진주지원 2020.08.26 2020고단981

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The Defendant was issued a summary order of KRW 1 million on February 12, 2015, and a fine of KRW 3 million on January 24, 2017, in the Changwon District Court’s Jinwon District Court’s Jinju branch, and was sentenced to one year and two years of suspension of execution on May 10, 2018.

1. Around February 27, 2020: (a) the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) led the front road in C in Jin-si, Jin-si, by driving a 49cc Otobane on February 27, 202, and driving the front road in C in Jin-si, Jin-si.

At the same time, the front view was not clearly secured at night, and there was a duty of care to prevent accidents by reducing speed, properly manipulating the front door and the steering gear, as pedestrians could cross the road at any time on a one-lane road. Therefore, there was a duty of care to prevent accidents.

Nevertheless, the Defendant neglected to obtain a driver’s license for a motorcycle and received the victim E (the age of 61) who was crossing the road by failing to accurately operate the steering direction and brake system without thoroughly examining the steering direction while under the influence of alcohol with a blood alcohol level of 0.128%.

The Defendant suffered injury to the victim, such as knenee-fnee-fnee-fegne-fegne-fegne-feng-feas, etc.

2. Around 00:15 on February 27, 2020, the Defendant driven the said non-registered 49cc occinal under the influence of alcohol concentration of 0.128% without obtaining a motorcycle driver’s license on the front road of Jinju-si, the front road of Jinju-si, and the front road located in Jinju-si B.

Accordingly, the Defendant, without obtaining a motorcycle driver's license, driven a motorcycle while under the influence of alcohol in violation of the Road Traffic Act more than twice.

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