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(영문) 광주지방법원 2016.06.23 2016고단457
도로교통법위반(음주운전)등
Text

1. The defendant shall be punished by imprisonment for one year;

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 July 11, 2014, the Defendant violated Article 44(1) of the Road Traffic Act on two or more occasions, such as where a fine is imposed on a violation of the Road Traffic Act (drinking driving), and seven million won is issued by the same court on October 16, 2015 due to the same crime, etc.

[2016 Highest 457]

1. On January 3, 2016, the Defendant: (a) was under the influence of alcohol by around 15:19 on the road traffic law and the violation of the Road Traffic Act (non-licenseed driving); (b) while under the influence of alcohol by around 0.122% in blood, the Defendant driven D cargo at the section of about 30km from the front side of Young-gun, Young-gu, Gwangju, to the front side of the Seowing Village, located at the center of the Young-gu, Gwangju.

[2016 Highest 1229]

2. On March 5, 2016, the Defendant violated the Road Traffic Act, the Road Traffic Act, the Act on Special Cases Concerning the Settlement of Traffic Accidents, the Act on Road Traffic, the Act on Guarantee of Automobile Compensation, and the Act on Guarantee of Automobile Compensation, without a vehicle driver’s license, drive a DF vehicle, which is not covered by mandatory insurance, and turn back to the left from the ebbbbbb of the white-gu, Young-gu, Young-gu, Young-gu, Seoul Special Metropolitan City, without a vehicle driver’s license, in the state of alcohol concentration of 0.126%.

Since there was an intersection where traffic control is not carried out, in such a case, a person engaged in driving service has a duty of care to safely proceed by entering the intersection according to the order of priority of traffic after ascertaining the traffic situation by checking the right and the right of the front side.

Nevertheless, under the influence of alcohol, the Defendant, who neglected to turn to the left as it is, caused the Defendant to shock the front part of the Defendant’s vehicle in front of the Defendant’s vehicle, which was 59 years old driving.

Ultimately, the Defendant suffered multiple scambling cases requiring approximately two weeks of medical treatment by occupational negligence as seen above, and at the same time he was scambling.

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