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(영문) 광주지방법원 2013.12.23 2013고단5197
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

1. On August 24, 2012, the Defendant violated the Act on Special Cases concerning the Settlement of Traffic Accidents: (a) was a person who is engaged in driving of a passenger car by branding B; (b) was driving the said vehicle under the influence of alcohol concentration of 0.112% without obtaining a driver’s license on August 24, 2012; and (c) was driving the said vehicle in the influence of alcohol concentration of 0.112%; and (d) was driving the two-lanes of two-lanes in front of the office of Ildong-gu Seoul Metropolitan City,

At the time, the passenger car of the victim C(the age of 43) driving is in the air signal, so the defendant engaged in driving service has a duty of care to see the front door and stop properly by reducing the speed in advance.

Nevertheless, the Defendant neglected this and took part of the back part of the damaged vehicle as the front part of the Defendant’s vehicle, and suffered injury to the victim, such as chest scale, which requires treatment for about two weeks.

2. The Defendant was driving a B-car under the influence of alcohol concentration of 0.112% without obtaining a driver’s license at the same time and place as the above 1.1.

Summary of Evidence

1. Defendant's legal statement;

1. C Preparation and statement statement on the occurrence of a traffic accident;

1. Each entry in the report on traffic accidents, the report on vehicle driving, the report on vehicle driving, and the register of driver's licenses;

1. Application of Acts and subordinate statutes on images of traffic accident evidence and photographs;

1. Article 3 (1), Article 3 (2) (proviso) 7 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents by Relevant Acts, Article 268 of the Criminal Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Crimes under Articles 40 and 50 of the Criminal Act among the ordinary concurrent crimes (the crimes of violating the Road Traffic Act and the crimes of violating the Road Traffic Act);

1. Selection of imprisonment without prison labor for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents;

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