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(영문) 광주지방법원 2017.02.16 2015고단5036
교통사고처리특례법위반등
Text

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

Reasons

Punishment of the crime

[criminal history] On December 24, 2012, the Defendant was issued a summary order of KRW 4 million by the Gwangju District Court on the grounds of a violation of the Road Traffic Act (drinking driving), and the same court issued a fine of KRW 4 million due to a violation of the Road Traffic Act (drinking driving) at the same court on March 17, 2014, and on July 28, 2015, the same court issued a fine of KRW 5 million due to a violation of the Road Traffic Act (drinking driving).

[Criminal facts] The Defendant is a person engaging in driving a rocketing car.

On November 26, 2015, the Defendant driven the said vehicle under the influence of alcohol content of 0.097% in blood without a driver's license of a motor vehicle on November 26, 2015, while driving the said vehicle along the four-lane road located in Gwangju Northern-gu C along the two-lanes in front of the D-do in Gwangju Northern-gu, at a high level, along the border, and changing the course into the three-lane.

In such cases, when it is likely that a person engaged in driving service will impede normal traffic of other vehicles running in the direction of changing course, he/she shall not change course, and he/she has a duty of care to safely change course by giving an advance notice of change of course through a direction flag, etc. and by properly examining the right and the right of time.

Nevertheless, the Defendant neglected this and neglected to change the course into three lanes as it was, thereby resulting in the victim E-(41) driving running along three lanes, and received the back part of the upper part of the F-city bus driver’s left side of the Defendant’s vehicle in front of the right side of the vehicle.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as salvinal salt, which requires approximately two weeks of medical treatment.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. E statements;

1. Reporting of a traffic accident, reporting on the circumstances of a driver driving, notification of the results of crackdown on drinking driving, ledger of driver's licenses, and photographs;

1. Previous conviction: Inquiry about criminal history and application of a copy of a summary order;

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

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