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(영문) 광주지방법원 2016.01.14 2015고단4689
교통사고처리특례법위반등
Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

[criminal history] On October 20, 2014, the Defendant received a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving) at the Gwangju District Court, and KRW 4.5 million for a fine in the same court on April 22, 2015.

[Criminal facts]

1. On October 10, 2015, the Defendant: (a) driven a D-type car without obtaining a driver’s license in the state of alcohol concentration of approximately 0.141% from a 500-meter section from the road front of the new post office located in the New Mine-dong in Gwangju Mine-gu to the front road located in the same Gu (hereinafter referred to as “D-type car”); (b) around 23:20 on October 10, 2015, the Defendant used D-type car without obtaining a driver’s license.

2. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person engaging in driving a DNA car.

On October 10, 2015, the Defendant driven the above vehicle with alcohol content of 0.141% while under the influence of alcohol at around 23:20, while driving the vehicle, and driving the three-lane road in the Gwangju Mine-gu along the two-lanes from the boundary of the new post office to the full global area. On October 10, 2015, the Defendant, by negligence in the course of business, caused the injury to the victim E (20 years old) who was parked in the air along the signal signal at the front of the same lane while driving the FN coo-si vehicle in the same lane as the front part of the Defendant’s vehicle, causing approximately two weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Investigation report on actual condition, report on the circumstances of a driver driving, inquiry into the results of crackdown on drinking driving, application of the driver's license ledger, diagnosis certificate, and on-site photograph Acts and subordinate statutes;

1. Article 3(1), the proviso to Article 3(2)7 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation and the occupation of a person on duty) concerning criminal facts, Article 148-2(1)1 and Article 44(1) of the Road Traffic Act, Article 152 subparag. 1 of the Road Traffic Act.

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