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(영문) 광주지방법원 2015.11.26 2015고단4167
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

1. On September 6, 2015, the Defendant violated the Road Traffic Act (unlicensed driving) and operated DK5 automobiles without obtaining a driver’s license in approximately 50 meters section from the front to the front of the C convenience store in the Gu, Seo-gu, Seo-gu, Gwangju.

2. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person engaging in driving a DK5 vehicle.

On September 6, 2015, the Defendant driven the said car at around 04:50, and proceeded with a one-lane road in front of the C convenience point in the Seo-gu of Gwangju, Seo-gu, as the studio village room in the regular high school.

Since the road is narrow and the vehicle is parked, the driver of the vehicle has a duty of care to prevent accidents in advance by safely driving the vehicle in a safe manner by taking the front side and the left side into account.

Nevertheless, the Defendant neglected this and neglected to operate without a driver's license, and received the front part of the F Posker's car operated by the victim E (the age of 31) in the front part of the said car.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of medical treatment for about two weeks due to such occupational negligence.

3. Violation of the Road Traffic Act (Refusal of Drinking Measures) was demanded by the Defendant to respond to a drinking test by inserting the alcohol measuring instrument four times from 05:44 to 06:14 of the same day, on the ground that there are reasonable grounds to recognize that the Defendant was under the influence of alcohol, such as drinking, smelling, sniffing, sniffing, etc., from slope G at an office of traffic accident investigation of the Busan Western Police Station, while driving the said vehicle while drinking at the time and place specified in paragraph (2).

However, the defendant.

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