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(영문) 광주지방법원 2020.02.13 2019고단4858

교통사고처리특례법위반(치상)등

Text

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

[Criminal Power] On December 24, 2018, the Defendant was issued a summary order of KRW 4 million by the Gwangju District Court for the 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) by the Defendant is a person driving a passenger car B.

On October 26, 2019, the Defendant driven the foregoing vehicle while under influence of 0.104% of blood alcohol concentration without obtaining a driver's license on October 26, 2019, and led to the driving of the foregoing vehicle to the direction of the E apartment on the side of the new width tunnel.

In such cases, the driver of the motor vehicle has a duty of care to accurately operate the steering system, brakes and other devices of the motor vehicle, and to prevent accidents in advance by safely reporting the traffic situation in front.

Nevertheless, the defendant neglected to do so and neglected to do so and proceeds ahead of the same direction by negligence.

According to the new rule, the victim F (39 years of age) driven by the FF (39 years of age) led the part of the G G car which was driven by the Defendant to the front part of the vehicle driven by the Defendant.

As a result, the Defendant suffered injury to the H(58 years of age) and I(35 years of age) who was on board the victimized vehicle F with the driver of the victimized vehicle due to the above occupational negligence, such as salt, tension, etc. of the trend that requires approximately two weeks of treatment, and injury to the J(2 years of age) such as salt, tension, etc. of the damaged tension, etc., for about two weeks of treatment.

2. On October 26, 2019, the Defendant: (a) while under the influence of alcohol with blood alcohol content of 0.104% without obtaining a driver’s license on October 26, 2019; (b) from the front of K in the Dong-gu in Gwangju-gu to the front of the D stations located in Gwangju-gu, the Defendant driven the B string car at approximately 4km from the 4km section to the front of the D stations located in Gwangju-gu.

Accordingly, the defendant has violated the prohibition of drunk driving more than twice.