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(영문) 광주지방법원 2020.08.13 2020고단2500
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for one year.

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

1. The defendant is a person who is engaged in driving service on the part of the defendant who violates the Act on Special Cases concerning the Settlement of Traffic Accidents;

On March 12, 2020, at around 20:39, the Defendant driven the Oba while under the influence of alcohol with 0.126% of blood alcohol level, and proceeded in the direction C in front of the monthly mountain intersection in the Hosung-gun, Sungsung-gun, Sungsung-gun.

Since there was a cross-section, in such cases, the driver has a duty of care to reduce the speed and properly operate the steering and steering system by properly manipulating the steering and operating the steering system.

Nevertheless, while under the influence of alcohol, the Defendant was driven by the victim D, who was under the influence of traffic signal stop due to negligence while neglecting this, and the victim D was also driven by the victim D while driving the traffic signal stop, and the part behind the vehicle was behind the Defendant Oraba.

As a result, the Defendant suffered injury to the victim, such as influence and influent salt, tension, etc. in detail, by negligence on the part of the above business, when treating the victim about two weeks.

2. On March 16, 201, the Defendant was issued a summary order of KRW 1 million by the Gwangju District Court for a crime of violating the Road Traffic Act.

On March 12, 2020, at around 20:39, the Defendant driven B albbb while under the influence of alcohol concentration of about 0.126% without a driver’s license at a section of about 10km from the front road of G to the front road of G.

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

Summary of Evidence

1. The actual investigation report on the occurrence of a traffic accident by a defendant's legal statement;

1. The circumstantial statement of the employee;

1. A certificate of diagnosis on the register of driver's license for driving under influence;

1. Previouss before ruling: Criminal records and other inquiries and investigation reports (verification of the same records as suspects)-related Acts and subordinate statutes;

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