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(영문) 광주지방법원 2013.06.05 2013고단1299
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 a motor vehicle B. B. B. B.

On March 13, 2013, at around 01:50, the Defendant driven the said car with a blood alcohol concentration of 0.194% without a driver’s license, and led the Defendant to drive the said car toward “business fluorgian” on the side of “ebiobibane,” depending on the two-lanes of the restaurant, which is located in 1250-5, Seo-gu, Seo-gu, Seo-gu, Gwangju.

The location had a duty of care to prevent accidents by entering the intersection after checking whether a person engaged in driving of a motor vehicle temporarily stops before entering the intersection or has a motor vehicle in transit through the intersection with no signal, etc.

Nevertheless, the Defendant neglected to do so and did not look at whether there is a vehicle passing through the intersection and, by negligence, entered the intersection first and went through the intersection from the direction of the “commercial post office” and brought the door on the side of the instant car driven by the victim C (the age of 57) who is going to the “car hotel” from the “cab office.”

As a result, the Defendant suffered from an injury, such as a scarcity of a scarke wall, which requires two weeks of treatment, due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A medical certificate;

1. The actual condition survey report;

1. A report on detection of a host driver;

1. Application of the statutes on the register of driver's licenses;

1. Article 3 (1), Article 3 (2) (proviso) 7 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents by Relevant Acts, Article 268 of the Criminal Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the crimes of violation of the Road Traffic Act and the violation of the Road Traffic Act (the crimes of driving without a license) shall be more severe;

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