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(영문) 광주지방법원 2019.11.28 2019고단2957
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

[criminal power] On October 22, 2010, the Defendant issued a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act, etc. at the Gwangju District Court, and a summary order of KRW 5 million as a fine in the same court on April 27, 2017, respectively.

【Criminal Facts】

1. The Defendant is a person who is engaged in driving a motor bicycle BCA110, in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Road Traffic Act;

On July 15, 2019, the Defendant, without obtaining a motorcycle driver's license at around 15:00 on July 15, 2019, driven the above CA110 motorcycle driver's license with a blood alcohol concentration of 0.091%, and continued to enter the road in front of the Dmaart in Gwangju-gu, Gwangju.

Since there is a four-lane road that has a large traffic volume of vehicles, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle by checking the front side and the left and right of the motor vehicle.

Nevertheless, the Defendant neglected this and entered the road as it is, instead, received the front wheels of the above CA110 motorcycles, and as the front wheels of the above CA110 motorcycles, the four-lanes of the above two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes.

As a result, the Defendant suffered injury to the victim, such as the upper part of the upper part of the upper part of the body of the first part, which requires treatment for about five weeks, due to the above occupational negligence, and at the same time damaged the above CB115 motorcycle, etc. of the victim’s management to the extent that the amount equivalent to KRW 352,000 for repairing the said CB15.

2. On July 15, 2019, the Defendant violated the Road Traffic Act (Driving without a license) and the Road Traffic Act (driving without a license). On July 15, 2019, the Defendant: (a) was under the influence of alcohol with a blood alcohol concentration of 0.091% at around 0:0,000, from the front side of the H middle school located in Gwangju-gu G to the front side of the said Dmatet.

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