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(영문) 광주지방법원 2013.06.13 2013고단1074
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

1. On February 5, 2013, at around 22:20 on February 5, 2013, the Defendant driven a Bho-do car under the influence of alcohol concentration of 0.152% without a car driver’s license in front of the south-dong in Gwangju-gu, Seo-gu, Seo-gu, Gwangju, with approximately 1km up to 21 in front of the future-ro 21 hospital located in Seo-gu, Seo-gu, Gwangju.

2. On February 5, 2013, the Defendant violated the Act on Special Cases concerning the Settlement of Traffic Accidents (hereinafter “Special Cases”), driving a Bchip car on February 5, 2013, and transferred three-lane three-lanes in front of the 21st Hospital in the future, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Gwangju to the Cchip middle school at a speed of about 30km per hour.

In such cases, the driver has a duty of care to operate safely by accurately manipulating the steering direction, brakes, etc. of the vehicle while driving along the right edge of the road in advance.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving the next lane and by the negligence bypassing and bypassing it, so that the victim C(the age of 47) driving, who was left left to the left from the left side of the direction of the Defendant’s proceeding, was placed in front of the head of the taxi by the victim C(the age of 47) driving.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of treatment for about two weeks due to negligence in the same business.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of C;

1. A medical certificate;

1. The actual condition survey report;

1. Application of the circumstantial report on driving drivers and the statutes governing the register of driver's licenses;

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, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Violation of the Act on Special Cases concerning the Settlement of Alternative Traffic Accidents;

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