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(영문) 광주지방법원 2015.04.23 2015고단354
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 of the final judgment.

Reasons

Punishment of the crime

On June 11, 2013, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act at the Gwangju District Court, and on July 19, 2013, the same court was sentenced to a fine of five million won for a violation of the Road Traffic Act.

1. From around 20:40 on January 27, 2015, the Defendant driven a eM520-car under the influence of alcohol concentration of about 0.08% without obtaining a driver’s license from a section 100 meters away from the road front of the Yellow Village cafeteria located in the business territory of Gwangju Mine to D in the same Gu, the Defendant driven a eM520-car under the influence of alcohol concentration of about 0.08%.

2. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person engaging in driving a motor vehicle of ES520.

On January 27, 2015, at around 20:40, the Defendant driven the said car under the influence of alcohol without obtaining a driver’s license as above, and driven the three-lane road in front of Gwangju Mine District C by using the three-lane road in front of Gwangju Mine-gu, without obtaining a driver’s license.

There is a duty of care to prevent accidents in advance by safely driving a motor vehicle with safety distance in the same direction, since it is an intersection of a private distance with a signal signal, a person engaged in driving of the motor vehicle has a duty of care to live well on the front side and the left side, and to safely drive the motor vehicle in the same direction.

Nevertheless, the Defendant neglected this and got the victim F (hereinafter, 47 years of age) who was in the atmosphere of the signal in the same direction due to the negligence of the Defendant’s failure, and received the part behind the right-hand part of the G Aburged car, which was driven by the Defendant, in front of the left-hand part of the said car operated by him.

Ultimately, the Defendant, by occupational negligence, sustained injury to the victim H (V, 50 years of age) who was on board the top of the operation of the car driven by F and F, due to each of the above occupational negligence, where approximately two weeks of medical treatment is required.

Summary of Evidence

1. The defendant's legal statement 1.

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