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(영문) 광주지방법원 목포지원 2016.12.16 2016고단1211
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 September 26, 2008, the Defendant was issued a summary order of KRW 2.5 million for a crime of violation of the Road Traffic Act (driving) at the wooden Branch of the Gwangju District Court on September 26, 2008, and a summary order of KRW 4 million for a fine of KRW 1 million for a crime of driving a vehicle under the influence of alcohol with a blood alcohol concentration of KRW 0.106% on September 1, 2014, by the same court on September 9, 2016.

【Criminal Facts】

1. The Defendant is a person who is engaged in driving a car of B Star Cargo in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On December 22, 2015, the Defendant driven the above cargo while under the influence of 0.099% of alcohol concentration without obtaining a driver's license at around 23:10 on December 22, 2015, and proceeded along one-lane of the two-lane road from the chill zone to the intersection of private distance in front of the general residential complex, Young-nam, Young-gun, Young-gun, Seoul.

At this point, the road crossing with the signal apparatus was in the front direction of the defendant, and the driver of the vehicle was in the process of driving the victim C(61 years of age) D SP, and thus, the driver of the vehicle had a duty of care to prevent the accident by accurately manipulating the steering direction and operation of the vehicle in front.

Nevertheless, the Defendant neglected to do so and did not keep the front door well, and did not secure the car and the safety distance, and did so, the part of the lower part of the car in the Switzerland was shocked with the front part of the car in front of the said car by negligence.

As a result, the Defendant suffered injury to the victim, such as the trend, sacrife, and tension, which require approximately two weeks of treatment by occupational negligence as above.

2. The defendant shall be the defendant of the violation of the Road Traffic Act and the Road Traffic Act (driving without a license) at the time specified in paragraph (1).

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