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(영문) 청주지방법원 영동지원 2013.12.19 2013고단165

교통사고처리특례법위반등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

Criminal power is currently under probation after the sentence was sentenced to two years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., in the Youngju District Court's Young-dong branch on July 5, 2012, and the judgment became final and conclusive on July 13, 2012.

Criminal facts

1. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in driving CCo-sports cargo vehicles.

On August 18, 2013, the Defendant, without obtaining a driver's license on August 20, 2013, driving of the above cargo while under the influence of 0.125% of blood alcohol content, led to a right-hand road along the two-lane road near the intersection at the entrance of the village located in the Cancheon-gun, Kun-gun, Kun-gun, Chungcheongnam-do, in accordance with the hurrily hurriproof.

In such a case, the driver had a duty of care to reduce the speed and accurately operate the steering gear in order to prevent the accident from spreading safely.

Nevertheless, the Defendant, while under the influence of alcohol, failed to reduce speed and was negligent in proceeding and was placed on the left-hand side of the entrance road of the distilled Ri, as the front-hand part of the cargo vehicle.

As a result, the Defendant got the victim D (years 52) who was on board the said cargo vehicle by negligence in the course of business as above, and suffered two open situations where medical treatment for about two weeks was needed.

2. The Defendant violated the Road Traffic Act (driving) and the Road Traffic Act (driving without a license) at the time and place specified in paragraph (1) and operated the above co-sports cargo vehicle under the influence of alcohol 0.125% without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. A report on the occurrence of a traffic accident;