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(영문) 광주지방법원 목포지원 2013.04.25 2012고합69
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for not less than eight 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

On March 4, 2009, the defendant was sentenced to a fine of 1.5 million won for the crime of violation of the Road Traffic Act at the Gwangju District Court on March 4, 2009, and a fine of 2 million won for the crime of violation of the Road Traffic Act at the Gwangju District Court on March 27, 2012, and was sentenced to a summary order of 2 million won for the crime of violation of the Road Traffic Act at least twice.

Around 18:00 on January 28, 2012, the Defendant, without a driver’s license, driven a vehicle with a ggallon in the blood alcohol content of 0.110%, and driven a vehicle with a gallon in the direction of the intersection from the center to the intersection of the intersection in front of the electric steel located in the eballon-U.S., Sinan-gun, Chungcheongnam-do, Chungcheongnam-do.

Since the above intersection has not been installed with signal apparatus and has a lot of traffic, there was a duty of care for the defendant, who was engaged in driving service, to live well in the front line and to proceed with it in a safe way.

Nevertheless, the Defendant neglected the above duty of care and proceeded with the front section without properly putting the front door on the front section of the said car, and received even the rear part of the front section of the Do Driving E-si, which was in the same direction as the front section of the said car, as the front part of the said car.

The Defendant received, by negligence, the victim F (n, 45 years of age) who was on board the said car due to the foregoing occupational negligence, approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police investigation of suspect with regard to F;

1. Statement of D police statement;

1. A medical certificate;

1. Traffic accident report, actual condition investigation report, report on detection of a primary driver, statement in the circumstances of a primary driver, and the register of driver's licenses (A);

1. Application of statutes to inquiries about criminal records, etc.;

1. Article 3 (1), the proviso of 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 (1) 1 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act concerning criminal facts (the point of a sound driving);

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