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(영문) 광주지방법원 2020.11.05 2020고단4019
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

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

On 27:20 on 27:13:20 on 2020, the Defendant driven the otob while under the influence of alcohol with 0.135% of alcohol level without a motorcycle driver's license, and led the obane C in front of the Jeon-nam Mine-gun to stop at a ebri-distance direction from the surface of the grave at the seat of the seed.

Since the place is one-lane straight line, a driver who intends to drive such road shall accurately operate the steering system, brakes, and other devices of the vehicle, and has a duty of care to drive the vehicle at a speed and in a manner that does not cause any danger and injury to others according to the traffic situation of the road and the structure and performance of the vehicle.

Nevertheless, the Defendant, while under the influence of alcohol without a motorcycle driver’s license, proceeded without properly operating the hand-on of the above Otoba, and was shocked by the front side of the above Otoba, and led the victim D (the age of fifty) who was on the back side of the Otoba in the back seat of the Defendant’s driver’s license, to go beyond the road.

Ultimately, the Defendant suffered from the victim D’s occupational negligence, such as the left-hand slidis, which requires hospital treatment for about 10 days.

2. Around 27:20 on June 27, 2020, the Defendant was under the influence of alcohol by 0.135% of the blood alcohol concentration from the Defendant’s residence in Yong-gun E in the Jeonnam-gun to the front-nam Mine-gun C, without a motorcycle driver’s license for a motorcycle at approximately 2.2 km.

3. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act shall be operated on a road;

Nevertheless, there is a need to do so.

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