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(영문) 광주지방법원 2013.04.25 2013고단860
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

The Defendant is a person who is engaged in driving a K5-car.

On January 10, 2013, the Defendant driven the said vehicle under the influence of alcohol level of 0.058% without obtaining a driver's license on January 10, 2013, and led the instant vehicle to the right bypass along the three-lane distance from the second cycle to the cultural shooting distance of Gwangju North-gu.

At this time, a driver of a motor vehicle has a duty of care to safely make a right-hand according to traffic flow by driving along seven lanes, the right-hand side of the road, prior to moving to the right-hand side of the motor vehicle.

Nevertheless, the Defendant neglected to perform so under the influence of alcohol and caused injury to the victim, such as salt, tensions, etc., which require approximately two weeks of treatment, by shocking the part on the left side of the victim C(Y 23 years old) driving the DK3 car driving along four-lanes to the right side of the Defendant’s vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the occurrence of a traffic accident prepared C;

1. Reports on traffic accidents (1, 2), photographs of the scene of the traffic accident, photographs of the accident vehicle, photographs of the damaged vehicle, and photographs of the scene of the traffic accident;

1. A report on detection of a host driver (A) and investigation report (official application of the Tramark);

1. The driver's license ledger;

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

1. Article 152 subparag. 1, Article 43 of the Road Traffic Act, Article 148-2 (2) 3, and Article 44 (1) of the Road Traffic Act (the point of sound driving), Article 3 (1), the proviso of Article 3 (2) and Articles 7 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act concerning criminal facts;

1. Crimes under Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes ( mutually between the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act);

1. Selection of penalty;

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