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(영문) 광주지방법원 2015.07.02 2015고단1199

교통사고처리특례법위반등

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A defendant shall be punished by imprisonment for up to seven months.

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 January 15, 2013, the Defendant issued a summary order of KRW 1 million as a crime of violation of the Road Traffic Act at the Gwangju District Court, and KRW 4 million as a fine in the same court on December 26, 2014.

1. On April 3, 2015, the Defendant, without obtaining a driver’s license on April 3, 2015, driven B rocketing car within a section of approximately one kilometer from the front of the Hungary, which is in a pair of villages in Gwangju Seo-gu, to the chemical distance located in the same Gu on the roads of the Hungary, while under the influence of alcohol content of 0.14%.

2. The Defendant driven the said car as a temporary border under Paragraph 1, and stopped on the road front of the flower distance in the Seo-gu, Seo-gu, Seo-gu, Gwangju for traffic.

In such a case, a person engaged in driving service has a duty of care to safely operate the steering gear and prevent the accident from occurring. However, the defendant neglected to do so and caused the driver to go ahead of the above passenger vehicle due to occupational negligence, which failed to properly operate the operation system under the influence of alcohol, and caused the driver to go ahead of the traffic signal at the rear.

As a result, the Defendant, as a driver of the above bents, sustained each injury to the victim D(38), E(the 37 years old), and F(the 39 years old) who is a passenger of the bents’s car, due to these injury, such as cather salt cats and tensions, which require two-day medical treatment, and G(the 37 years old), which is another passenger of the bents’ car, and the H(38 years old), for each two-day medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Each written diagnosis;

1. A written report from an employee of an employer;

1. Registers of driver's licenses;

1. Previous records: Application of criminal records, etc. and Acts and subordinate statutes;

1. The proviso to Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning criminal facts;