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(영문) 광주지방법원 해남지원 2020.02.20 2019고단424
교통사고처리특례법위반(치상)등
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. The defendant is a person who is engaged in driving a registered private wheels with no license plate.

On September 12, 2019, the defendant, around 11:25, passed the roads in front of the Southern Navy B in the direction of the C Center, at an indefinite speed in the direction of the C Center.

At the same time, there was a pedestrian walk on the right side of the road, so in such a case, there was a duty of care to prevent accidents in advance, such as a person engaged in the driving of a motor vehicle, who is well aware of the right and the right and the right, operates the steering wheel and the system accurately, and fails to drive the motor vehicle without obtaining a driver's license while under the influence

Nevertheless, the Defendant neglected to do so, and was negligent in driving a motorcycle while under the influence of alcohol without obtaining a driver's license and driving it on the front side of the victim D (the age of 81) who was standing in the front side of the Defendant, and was driving the victim D (the age of 81).

As a result, the Defendant suffered injury, such as a ductal flas, etc., by occupational negligence, to the victim for about seven weeks of medical treatment.

2. On September 12, 2019, the Defendant driven a private-wheeled driver’s license under the preceding paragraph without obtaining a driver’s license for driving a motor vehicle at a section of about 100 meters with blood alcohol concentration of about 0.068%, from the section of about 100 meters to the road in front of the west-gun, Southern-gun, Namnam-gun, west-gun, Seoul, to the road.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared by D;

1. The actual condition survey report and the actual condition report of the driver;

1. A written appraisal of blood alcohol;

1. Registers of driver's licenses;

1. A medical certificate;

1. Application of Acts and subordinate statutes governing accident site photographs;

1. Article 3 (1), the proviso to Article 3 (2) 7 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

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