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(영문) 광주지방법원 2017.09.07 2017고단2601
교통사고처리특례법위반(치상)등
Text

The punishment of the accused shall be determined by six months of imprisonment.

Reasons

Punishment of the crime

[criminal history] On March 28, 2007, the Defendant was issued a summary order of KRW 1 million for a crime of violating road traffic law in the Jeonju District Court’s Eup branch. On June 1, 2015, the Defendant was issued a summary order of KRW 2 million for the same crime at the Gwangju District Court. On November 12, 2015, the Defendant was sentenced to a fine of KRW 5 million for the same crime by the Gwangju District Court.

In addition, on June 15, 2017, the defendant was sentenced to imprisonment for 8 months with prison labor for a violation of road traffic law (refluence of drinking), etc. by the Gwangju District Court, and is currently under the trial of the appellate court.

[Criminal facts] The Defendant is a person engaging in driving a vehicle BM5 vehicle.

On May 9, 2017, the Defendant driven the said car without obtaining a driver's license in the state of alcohol concentration of 0.160% during blood transfusions from May 22:50, 2017, and went ahead of it on the road of the Saemaeul Fulon, Hong-gun, Hong-gun, Hong-gun.

At night at the time, the victim H(35) was stopped on the rear side of the said vehicle, and in such a case, there was a duty of care to check the safety of the course by checking the rear side as well as to prevent accidents.

Nevertheless, under the foregoing, the Defendant was negligent and negligent in neglecting this as seen above, and was sentenced to the top step on the part following the BM5 car, which was behind the BM5 car, to the top step.

Ultimately, the Defendant suffered from the victim J(28) who was in company with BMW car with approximately two weeks of medical treatment due to the above occupational negligence, such as the left-hand check box, etc., which requires approximately two weeks of medical treatment. The Defendant suffered the victim J. (28 years of age) with salt and tension in need of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of J and H;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. The actual survey report and on-site photographs of traffic accidents;

1. The driver's license ledger (24 pages of investigation records) of the motor vehicle;

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