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(영문) 광주지방법원 2016.05.12 2016고단42
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a non-registered RACING motor bicycle.

On December 24, 2015, the Defendant, without obtaining a driver’s license for a motor motor device and bicycle, was under the influence of alcohol content 0.054% in blood, driving the motor device and bicycle not covered by a mandatory insurance, and proceeded with the roads near the “Seoul-do Institute for Education and Science” located in Geumcheon-ro, Geumcheon-ro, Geumcheon-do.

At the same time, there is a crosswalk where signal lights are installed, so it was confirmed whether a person engaged in driving service is a person who gets on the way to reduce the speed and to see well the right and the right and the right and the right and the duty of care to safely drive according to the new subparagraph.

Nevertheless, under the influence of alcohol without a driver's license, the Defendant was negligent in neglecting and proceeding with the signal while neglecting the signal, and received the victim C (the age of 86) who dried the crosswalk in accordance with the pedestrian signals as the front part of the motor device bicycle.

Ultimately, the Defendant caused the death of the victim due to the foregoing occupational negligence at the emergency room of the Joseon University Hospital located in the Dong-gu Seoul Special Metropolitan City, where the victim was under treatment for transmission at around December 24, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Reports on internal accidents (the application of the above d mark);

1. A survey report on actual conditions;

1. A death certificate;

1. The driver's license ledger;

1. A report on detection of drivers of alcoholic beverages and output of measurement of drinking;

1. Application of each statute on photographs;

1. Article 3(1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2(2)3 of the Road Traffic Act, Article 44(1) of the Road Traffic Act (the point of drinking), Article 154 Subparag. 2 and Article 43 of the Road Traffic Act (the point of driving without a license), Article 46(2)2 and Article 8 of the Guarantee of Automobile Compensation Security Act (the operation of a vehicle with no mandatory insurance).

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