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(영문) 광주지방법원 목포지원 2019.10.15 2019고단686
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

On August 24, 2010, the Defendant issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act in the Gwangju District Court's wooden branch on August 24, 2010, and issued a summary order of KRW 1 million for the same crime in the same court on September 21, 2017.

Criminal facts

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) by the Defendant is a person engaged in driving a car B.

On June 11, 2019, at around 16:15, the Defendant driven the said vehicle under the influence of alcohol level of 0.188% without obtaining a driver's license for a motor vehicle, and was driving the said vehicle along the three-lane road in front of the apartment C in the Bapo Police Station at the seat of the Gu Gapo Police Station, along the two-lane road in front of C apartment at the seat of the Gu Gapo Police Station.

In this case, the driver of a motor vehicle has a duty of care to safely operate the steering gear and brakes by properly manipulating the steering side and the steering gear of the motor vehicle, because the rash motor vehicle driven by the victim D (n, 29 years old) was stopped in the front line.

Nevertheless, the Defendant neglected this and proceeded as it is, and received the back part of the rash vehicle as the front part of the Defendant vehicle.

The Defendant suffered injury to the victim, such as salt ties, tensions, etc., in need of approximately two weeks of treatment due to occupational negligence.

2. On June 11, 2019, the Defendant, while under the influence of alcohol 0.18% without a driver’s license, had been punished twice or more due to driving under the influence of alcohol as above, operated a B-A-T car at approximately 1.5 meters from the G road located near G in the G in the Sinpo City on June 11, 2019 to the same place as indicated in paragraph (1) of the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of a traffic accident;

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