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(영문) 광주지방법원 2015.12.10 2015고단4179
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

On October 30, 2013, the Defendant was sentenced to six months of imprisonment for fraud at the Gwangju District Court, and on March 28, 2014, the Defendant was released on March 29, 2014 and the remaining term of imprisonment was expired on April 29, 2014.

The defendant is a person who is engaged in driving a passenger car even in B.

On September 30, 2015, the Defendant driven the above car on September 19:20, and driven it to the old veterans center from the right edge to the right edge, while driving it from the right edge to the old veterans center at the right edge.

Since there is an intersection where traffic control is not performed, the person engaged in the driving of motor vehicles has a duty of care to check whether there is a vehicle passing through the intersection, and to accurately operate the steering direction and brake system after driving the intersection, and to prevent accidents in advance.

Nevertheless, the Defendant neglected to do so and instead, d that the Defendant, while under the influence of alcohol 0.121%, was driven by the victim C (the age of 45) who was driving from the right side of the car, was driven by the victim C(the age of 45) on the right side of the car and was driven by the Defendant in front of the car left side.

As a result, the Defendant suffered salt, tensions, etc. from the victim due to the above occupational negligence for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The actual condition survey report;

1. A medical certificate;

1. A written report from an employee of an employer;

1. Previous records of judgment: Criminal records, inquiry reports, personal identification and confinement status, application of statutes of the judgment;

1. Article 3 (1), the proviso of Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act concerning criminal facts (the point of sound driving and the choice of imprisonment);

1. Aggravation for repeated crimes;

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