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(영문) 광주지방법원 2020.05.21 2020고단149
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 February 10, 2012, the Defendant was issued a summary order of KRW 3 million by the Gwangju District Court on the grounds of the violation of the Road Traffic Act.

【Criminal Facts】

1. On December 3, 2019, the Defendant violated the Road Traffic Act (Driving without a license) and the Road Traffic Act (driving without a license) driving license on December 18:35, 2019, the Defendant driven the Ewing-III truck from the front of his residence in C to the front of the entrance of his village in the Jeju city, while under the influence of alcohol with a concentration of 0.037% of blood alcohol.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice, and at the same time, drives the cargo without obtaining the driver's license.

2. The defendant is in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury).

On December 3, 2019, the Defendant driven the above cargo while under the influence of 0.037% alcohol level without obtaining a driver's license at around 18:35 on December 3, 2019, and continued to drive the said cargo at the influence of alcohol level at the level of 0.037% on the surface of the D Village at the entrance of the D Village at the Jeju Sea.

At the same time, the road is entering the intersection, and there are other vehicles entering the zone of D village, so the defendant had a duty of care to live well on the front side and the right side of the road, and prevent the accident by passing through the right side of the road.

Nevertheless, under the influence of alcohol, the Defendant neglected to do so and did not care well on the right and the right and the right and the right and the right and the part of the victim H(the age of 72) driving that entered the above intersection from G University to D village room at G University. The part of the victim H(the age of 72) driving in front of the driver car was taken into the front part of the Defendant’s freight vehicle.

As a result, the Defendant suffered from the Defendant’s negligence on the part of the above occupational negligence in a scarcity with a scarcity that requires approximately three weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. H. H.

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