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(영문) 광주지방법원 2020.05.21 2020고단241
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

[criminal power] On November 27, 2006, the Defendant was issued a summary order of KRW 1.5 million by the Gwangju District Court for a violation of the Road Traffic Act (driving) and a summary order of KRW 4 million by the same court on March 22, 2019.

【Criminal Facts】

1. The defendant is in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury).

On December 25, 2019, the Defendant driven the above cargo while under the influence of 0.161% of alcohol concentration without obtaining a driver's license at around 01:30 on December 25, 2019, and led the D intersection in Gwangju Mine-gu C to the Fside from E surface.

At the time, the signal, etc. is installed at night and at the front, so in such a case, the driver of the motor vehicle has a duty of care to drive the motor vehicle safely in accordance with the new subparagraph by thoroughly putting the front-round vision to the driver of the motor vehicle.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving a H franchise car of the victim G(51 years old) who was parked in the front part of the above cargo vehicle and stopped in the front part of the above cargo vehicle for signal atmosphere, and received a part of the H franchise car after driving the H franchise vehicle.

As a result, the Defendant suffered, by negligence in the above business, injury to the above victims G, such as brain-dead sugars, which had no two internal address for which treatment is required for about two weeks, and injury to the victim I (53 years old) who boarded the franchiseer car, for about two weeks of open medical treatment.

2. On December 25, 2019, the Defendant violated the Road Traffic Act and the Road Traffic Act (driving without a license) from the front of a station in which it is impossible to identify the trade name in the calculation operation of Gwangju Mine Area as he/she drives the above cargo while under the influence of alcohol at around 01:30, without obtaining a driver’s license, to the front of the station in which it is impossible to identify the trade name in the calculation operation of Gwangju Mine Area.

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