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(영문) 전주지방법원 2020.09.23 2020고단539
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date of the final judgment.

Reasons

Punishment of the crime

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

On November 4, 2019, the Defendant driven the said vehicle under the influence of alcohol level of 0.105% without obtaining a driver's license on November 4, 2019, and led the said vehicle to proceed to the right-hand turn-hand turn-hand turn-hand turn-on from the right-hand side of the sub-committee 496 to the sub-committee of the sub-committee 30%.

At this point, there was a duty of care to prevent accidents by driving safely according to the name of the person engaged in driving of the motor vehicle, as long as signal, etc. is installed.

Nevertheless, the Defendant, while under the influence of alcohol without a license, neglected it and neglected to turn to the left in violation of the signal, received the part of the victim C(53 years old) driving in accordance with the new code from the opposite opposite vehicle, which was the top right side of the said small-sized car.

As a result, the Defendant suffered injury to the victim C, such as salt, tension, etc., by negligence in the course of business as above, which requires approximately two weeks of medical treatment.

2. On November 2, 201, the Defendant received a summary order of KRW 2 million from the Jeonju District Court to a fine of KRW 2 million for a crime of violating the Road Traffic Act, and a fine of KRW 5 million from the same court on June 13, 2016 to the same crime.

Nevertheless, the Defendant driven the said small-scale car under the influence of alcohol level of about 0.105% from the 3km section to the place where the accident referred to in paragraph (1) occurred on the road located in Geumcheon-gu E-gu Seoul Special Metropolitan City for the temporary border under paragraph (1).

As a result, the defendant has committed a violation of the Road Traffic Act (driving) not less than twice.

3. The defendant is in violation of the Road Traffic Act without obtaining a driver's license for a motor vehicle at a time and place prescribed in paragraph (2).

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