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(영문) 광주지방법원 순천지원 2014.08.20 2014고단770
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for 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

The Defendant is also a person who is engaged in driving a cargo vehicle.

On April 24, 2014, the Defendant, without obtaining a driver's license at around 18:20 on April 24, 2014, driven the above cargo while under the influence of 0.056% alcohol level, and proceeded at a speed of about 30 km by driving the above cargo at a speed of 0.056%, in front of cooperative transfer ambathm in the luminous ambathro, in the direction of the eroscopic-gun.

At that time, the Defendant had a duty of care to safely drive the vehicle by keeping the lane in good condition while keeping the vehicle in front of it, as the victim D (n, 37 years of age) followed the E-hived vehicle driven by the victim D (n, 37 years of age).

Nevertheless, under the influence of alcohol, the Defendant, while driving a vehicle prior to the center line, was unable to properly see the vehicle following it, and received a part adjacent to the right side of the said cargo vehicle due to the negligence bypassing it.

Ultimately, the Defendant caused injury to the victim by occupational negligence during approximately two weeks of medical treatment, and at the same time damaged the car so that the repair cost of KRW 865,108, such as the improvement of the exchange of the previous panions, would be 865,108.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The actual condition of traffic accidents (1), and (2);

1. Report on the actions taken against the driver, and report on the status of the driver's practice;

1. The register of driver's licenses and information about the purchase of mandatory insurance;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

1. Relevant Act on criminal facts: Articles 148-2(2)3 and 44(1) of the Road Traffic Act; Article 152 Subparag. 1 and 43 of the Road Traffic Act; Article 46(2)2 of the Guarantee of Automobile Accident Compensation Act; the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act; and the Act on Special Cases concerning the Settlement of Traffic Accidents.

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