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(영문) 광주지방법원 2013.04.11 2013고단892
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six 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 of the vehicle B at low price.

On January 15, 2013, the Defendant driving the said vehicle under the influence of alcohol level of 0.086% without obtaining a driver's license at around 21:10 on January 15, 2013, and driving the front way of the new bank located in the Round-dong of Gwangjubuk-gu along the two-lanes from the direction of the Macambro-distance, and changed the course to the left side.

In such cases, when it is likely that a person engaged in driving service of a motor vehicle may impede normal traffic of other motor vehicles running in the direction of the change, he/she shall not change course, and there was a duty of care to safely change the vehicle line by giving an advance notice of change of course and keeping the traffic situation of the front and rear.

Nevertheless, due to the negligence that the Defendant neglected to enter the same one-lane while under the influence of alcohol, caused the victim C (the 43-year-old driver)'s vehicle in the front part of the Defendant's vehicle, and led the victim C (the 43-year-old driver's vehicle)'s vehicle in the front part of the Defendant's vehicle, and caused the above damaged vehicle to be pushed down by E while driving in the future.

Ultimately, the Defendant suffered injury to the victim C, such as brain salvina, which requires approximately two weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of occurrence of each traffic accident in E and C preparation;

1. A report on a traffic accident (1, 2) (1, 3) and photographs of the scene of the traffic accident, and of the accident vehicle;

1. A report on detection of a host driver (A);

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to medical certificates;

1. Relevant Article 152 subparagraph 1 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 148-2 (2) 3, and Article 44 (1) of the Road Traffic Act concerning the facts of crime (the point of driving without a license).

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