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(영문) 광주지방법원 2020.08.13 2020고단2204
교통사고처리특례법위반(치상)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 February 16, 2012, the Defendant was sentenced to imprisonment with prison labor for 6 months for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the violation of the Road Traffic Act, and two years for suspended execution. On June 1, 2015, the same court issued a summary order of KRW 5 million for the violation of the Road Traffic Act.

【Criminal Facts】

1. On November 15, 2019, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) was driving a Cwing and Ⅲ cargo vehicle while under the influence of alcohol level of 0.168% in the Massung-gun B around 18:20.

At the time of the Defendant’s front-hand area 60km, the victim D was unable to drive or drive without the driver’s license, and in such a case, the driver of the motor vehicle was not obliged to drive the motor vehicle under the influence of alcohol or to drive the motor vehicle without the driver’s license in the front-hand part of the motor vehicle at the time of the Defendant’s front-hand part of the motor vehicle at the speed of 60km.

Nevertheless, the Defendant, without a driver's license, sustained injuries, such as dump, including four or more parts of the victim's cargo vehicle in front of the Defendant's cargo vehicle, and caused the victim to suffer injuries, such as a dump, which require approximately six weeks of medical treatment.

2. The Defendant violated the Road Traffic Act (driving) and the Road Traffic Act (driving without a license) without a driver’s license, while driving the freight vehicles stated in paragraph (1) without a driver’s license, at a distance of about 500 meters from the front day of the restaurant of “G” to the Gero-Gun B of the south, a distance of about 500 meters from the front day of the restaurant to the Gero-Gun.

As a result, the defendant has violated the prohibition of drinking driving more than twice, and simultaneously has a motor vehicle without a driver's license.

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