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(영문) 대전지방법원 서산지원 2014.11.14 2013고단835

교통사고처리특례법위반등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

[criminal power] On April 28, 201, the Defendant was sentenced to a fine of 3.5 million won for a violation of the Road Traffic Act (driving) at the Seosan Branch of the Daejeon District Court on April 28, 201, and on September 26, 2012, the Defendant was sentenced to a suspended sentence of 2 years for a period of imprisonment for a violation of the Road Traffic Act (driving) at the Seocheon Branch Branch of the Daejeon District Court on September 26, 201, and the said judgment became final and conclusive on October 5,

【Criminal Facts】

The defendant is a person who is engaged in driving a D-Wood vehicle.

On March 19, 2013, the Defendant, without obtaining a driver's license at around 00:40 on March 19, 2013, driven the said vehicle while under the influence of 0.155% of alcohol concentration, and continued to drive the two-lane road in front of the Kapon KCC at the right angle of the Simn-si.

Since there is a place of separation, there was a duty of care to pass the road to the right side of the central separation zone to the driver of the vehicle.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving on the left-hand side of the central separation zone and was negligent in driving on the part of the Defendant’s passenger vehicle in front of the passenger vehicle in front of the passenger vehicle in front of the city of the city of the city of the city of the city of the city of the city of the passenger by the victim E (the age of 23).

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

Summary of Evidence

1. Legal statement of witness G, H and I;

1. The actual condition survey report;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. A medical certificate;

1. Registers of driver's licenses;

1. Each photograph;

1. Previous records: Application of inquiry reports on criminal records, etc. and investigation reports (Attachment to a copy of identical type of electric records);

1. Relevant Article of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3 (1) and (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;