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(영문) 광주지방법원 2014.11.25 2014고단3809
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 of the final judgment.

Reasons

Punishment of the crime

[criminal power] On December 10, 2010, the Defendant was sentenced to a fine of KRW 700,000 for a crime of violating the Road Traffic Act at the Busan District Court on December 10, 201, and was sentenced to a fine of KRW 2 million at the Changwon District Court on July 25, 2013 and was sentenced to a fine of KRW 2 million for the same crime on at least two occasions under Article 44 (1) of the Road Traffic Act.

【Criminal Facts】

On August 30, 2014, the Defendant is a person who is engaged in driving Bran-low-income cars. On August 22, 2014, the Defendant driven the said vehicle under the influence of alcohol concentration of 0.157% without obtaining a driver's license on August 30, 2014, while driving the said vehicle, which was in the influence of alcohol concentration of 0.157% in Seo-gu, Seo-gu, Gwangju, straight-line intersections along the flow of gold chid-distance crossings in the Cheongak Stak Stak Stick,

Since there is a place in which traffic is controlled by signal apparatus, a person engaged in driving of a motor vehicle has a duty of care to drive the motor vehicle according to signals.

Nevertheless, under the influence of alcohol, the Defendant was driven by the victim C (Nam, 33 years old) who followed the two-lanes of the two-lanes in the direction of the terminal from the front edge of the vehicle driven by the Defendant by negligence in violation of the signal while neglecting this, and was driven by the victim C (Nam, 33 years old) who driven the two-lanes in the direction of the terminal.

Ultimately, the Defendant suffered salt, tension, etc. from the victim due to the above occupational negligence, which requires two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police suspect interrogation protocol against the accused;

1. C’s statement;

1. A written initial action at the scene of a traffic accident, a practical yellow survey report, a internal investigation report, and a criminal investigation report;

1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;

1. Registers of driver's licenses;

1. A medical certificate;

1. On-site photographs, photographs of the situation of accident, and signal system maps;

1. Previous records: Application of inquiries, such as criminal records, and summary order statutes;

1. Criminal facts;

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