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(영문) 광주지방법원 2020.01.22 2019고단3567
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On October 30, 2006, the Defendant issued, at the Gwangju District Court, a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act, at the same court on September 16, 2008, a summary order of KRW 700,000 as a fine for the same crime, and on July 2, 2010, at the same court on July 2, 2010, a summary order of KRW 200,000 as a fine for the same crime, respectively, and was sentenced to 8 months imprisonment and 2 years of suspended execution in the same court on April 13, 2017.

[2019 Highest 3567]

1. At around 12:30 on August 4, 2019, the Defendant driven a E-Poter truck under the influence of alcohol with approximately 1.3km alcohol concentration of 0.078% without obtaining a driver’s license, from the roads near the Southern-gun B to the roads near the D University located in C.

As a result, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice, and at the same time, operated a vehicle without obtaining a driver's license.

2. The defendant is in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury).

On August 4, 2019, the Defendant driven the above cargo while under the influence of alcohol of 0.078% without obtaining a driver's license on August 4, 2019, and led the Defendant to drive the said cargo along the influence of alcohol of 0.078% from the blood alcohol level on the side of the dead meltwon.

At the same time, there was a vehicle stopping at the intersection, and thus, the driver had a duty of care to live well in the front line and operate the steering system accurately and safely.

Nevertheless, the Defendant was negligent in driving a vehicle under the influence of alcohol while driving the vehicle on the front side of the Defendant, thereby being driven by the F(57 years old) while driving the vehicle on the front side of the said vehicle.

Ultimately, the Defendant’s occupational negligence to the above victim F is about three weeks’ medical treatment.

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