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(영문) 수원지방법원 여주지원 2019.02.20 2019고단27
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

[criminal power] On March 26, 2010, the Defendant was issued a summary order of KRW 3 million for a violation of the Road Traffic Act (driving) at the credit branch of Suwon District Court on March 26, 2010, and on September 10, 2010, the same court was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act (driving). On June 20, 2017, the Defendant was sentenced to imprisonment for one year for a violation of the Road Traffic Act (driving) at the same court on May 4, 2018.

【Criminal Facts】

1. The Defendant is a person who is engaged in driving a two-wheeled motor vehicle (108.9CC) under BCA10.

On November 18, 2018, the Defendant did not obtain a license for a motorcycle at around 17:20 on November 18, 2018, while driving the said two-wheeled vehicle under the influence of alcohol concentration of 0.098%, and driving the two-wheeled vehicle on the road in front of the Gyeonggi Pyeong-gun C at the seat of the police box room at the seat of the D police box.

Since there is a center line of yellow-ray, there was a duty of care to prevent accidents by emphasizing the upper left right and the upper right part of the road to a person engaged in driving of a motor vehicle.

Nevertheless, the Defendant did not obtain a motorcycle driver’s license as above, and at the same time, took the front part of the Victim E(FF 35 years old) driving, which was driving at the same time, due to the negligence of the other center line under the influence of alcohol, and received the front part of the said two-wheeled vehicle.

Ultimately, the Defendant suffered, by negligence in the above business, the injury to the victim E, such as salt, tensions, etc. in light of the influence of treatment for about three weeks, and the injury to the victim G (seven years of age) who is a passenger of the said car, by injury, such as damage to the character of face necessary for treatment for about two weeks.

2. Violation of the Road Traffic Act;

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