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(영문) 광주지방법원 2019.03.26 2018고단5160
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

[criminal power] On December 3, 2008, the Defendant received a summary order of KRW 2 million from the Jung-gu District Court to a fine of KRW 1 million for a violation of the Road Traffic Act, and on October 16, 2012, a fine of KRW 3 million from the Seoul Northern District Court to a fine of KRW 1 million.

【Criminal Facts】

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) by the Defendant is a person engaging in driving a vehicle Brodi license.

On November 4, 2018, the Defendant, without obtaining a driver’s license on November 18, 2018, driven the said car while under the influence of alcohol 0.195%, and led to the driving of the said car at a speed of approximately 50km per hour from the balambrily off of the balambri-gun.

At the time, it was difficult at night, and there was no street at that time, so in such a case, the driver of the vehicle has a duty of care to prevent accidents by accurately manipulating the operation and steering gear and accurately manipulating the operation and steering gear.

Nevertheless, due to the negligence that the Defendant neglected the influence of alcohol and proceeded in as is, the Defendant was found to be late behind the Tracker of the victim D (year 72) driving in the front direction of the Defendant’s proceeding, but the Defendant was unable to avoid the Tracker, thereby receiving the rear part of the Tracker of the above victim’s driving.

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

2. The Defendant violated the Road Traffic Act (driving) and the Road Traffic Act (driving without a license) in a section of about 1 km from the Defendant’s dwelling in the Hayang-gun Ethnyang-gun to the roads in front of the same military area, without obtaining a driver’s license, and driving Bro-dice car under the influence of alcohol with a blood alcohol concentration of 0.195%.

Accordingly, the defendant is not less than twice the prohibition of drinking driving.

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