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(영문) 광주지방법원 2019.03.21 2019고단249
교통사고처리특례법위반(치상)등
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a sports freight vehicle for Bsch Rexton.

On January 5, 2019, the Defendant driven the said vehicle under the influence of alcohol level of not less than 0.05% but less than 0.1% without obtaining a driver's license on January 5, 2019, and made the front of the road located in Gwangju Northern-gu C turn to the left from the front of the E apartment gate to the front of the Flusium.

In this case, since a house without a signal apparatus has frequently passed by pedestrians through a tri-distance intersection in the vicinity, the driver of the vehicle has a duty of care to prevent accidents and safely drive the vehicle by preventing accidents from shocking pedestrians by accurately manipulating the front door and the left and right of the vehicle, and by preventing the shock of pedestrians.

Nevertheless, the defendant's negligence while under the influence of alcohol, which led to the failure of the defendant to proceed as it is, led the victim G (50 years of age) who was in the front direction of the defendant's proceeding to the front part of the defendant's vehicle.

As a result, the Defendant suffered injury to the above victim, such as salt, tensions, etc. in need of approximately two weeks of treatment due to occupational negligence.

2. Violation of the Road Traffic Act and the Road Traffic Act (driving without a license) set forth in paragraph (1) run a sports cargo vehicle of Bsch Rexton in the state of alcohol level of not less than 0.05% but less than 0.1% and less than 0.1% without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. The actual condition survey report;

1. Notification of the results of crackdown on drinking driving;

1. Computer data (the register, etc. of driver's licenses);

1. Investigation report (victim G telephone call), investigation report (related to specification of blood alcohol density);

1. The application of the legislation of the medical certificate.

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