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(영문) 광주지방법원 2015.04.08 2015고단361

교통사고처리특례법위반등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On July 24, 2013, the Defendant was notified of a summary order of a fine of KRW 3 million for a crime of violation of the Road Traffic Act at the Gwangju District Court. On October 18, 2013, the Defendant was notified of a fine of KRW 5 million for a crime of violation of the Road Traffic Act at the Gwangju District Court.

1. The Defendant is a person who drives “C” cargo vehicles in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents.

On January 20, 2015, the Defendant, around 21:35, proceeded at a speed of about 70 km each hour from the luminous distance to the ethic parallel along three lanes from the luminous distance.

At night and there is an intersection where signal lights are installed in front, so in such cases, the driver of the motor vehicle has a duty of care to live the front door well and drive the motor vehicle safely in accordance with the new code.

Nevertheless, the Defendant, by negligence due to the negligence of neglecting the influence of alcohol, received the part concerning the “E” passenger vehicle behind the vehicle behind the victim D(E) driving, which was at the speed pursuant to the new subparagraph at the bend of the bend of the bend of the Defendant’s vehicle, and caused the shock, thereby allowing the victim D Driving Vehicle to drive the “G” level for the “G” vehicle of the victim F(23 years old) driving while stopping at the bend of the bend of the bend of the car.

The Defendant, by occupational negligence, suffered from the victim D’s “infection base,” etc., which requires approximately two weeks of medical treatment to the victim D, and the victim H (24 years of age) who is the victim F and the passenger, respectively, for about two weeks of medical treatment.

2. Violation of the Road Traffic Act and violation of the Road Traffic Act (driving without a license) are the Defendant driving of the Poter truck at a level of about 5 km from the front of the “unclaimed cafeteria” road located in the New Ocean of Gwangju Northern-gu, Gwangju, under the influence of alcohol by 0.14% without obtaining a temporary driving license under paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report (1) (2).