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(영문) 광주지방법원 2019.07.23 2019고단1929
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving of a passenger car with B mixed fish code.

On May 5, 2019, the Defendant operated the said car with the blood alcohol concentration of 0.179% under the influence of alcohol without obtaining a driver’s license on May 5, 2019, and led the Defendant to drive the said car along the two-lanes of four-lanes of the two-lanes, depending on the light height in front of the Gwangju North-gu C apartment in the regular zone, from the ordinary zone of the zone of business.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to properly see the front, rear, and left and right of the motor vehicle and to prevent accidents by accurately manipulating the steering gear.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving the vehicle in front of the Defendant’s passenger vehicle. On the front side of the Defendant’s driving direction, the Defendant received from the victim D(45 years old) E-Poter drive vehicle behind the safe driving vehicle in front of the road packing in front of the Defendant’s driving direction, thereby suffering from the Defendant’s injury, such as fluoral salt, which requires a price stability for about two weeks, due to the foregoing occupational negligence.

2. The Defendant violated the Road Traffic Act (driving) and the Road Traffic Act (Non-licensed driving) from the front day of the F in the G-gu Standing District of Gwangju Metropolitan City to the front day of the C apartment in Gwangju Seo-gu in light of paragraph (1) of this Article, the Defendant did not obtain a driver’s license, while under the influence of alcohol by 0.179%, while under the influence of alcohol, while driving the B mixed-water bar while driving it at the same time.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of a traffic accident and the report on each traffic accident;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (7) of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning criminal facts;

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