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(영문) 의정부지방법원 2013.05.10 2013고단768

교통사고처리특례법위반등

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A defendant shall be punished by imprisonment for six 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

On April 23, 2010, the defendant was sentenced to a fine of one million won for the violation of the Road Traffic Act and the violation of the Road Traffic Act (non-licensed driving) at the Jung-gu District Court on April 23, 2010, and was sentenced to a fine of two million won for the violation of the Road Traffic Act (non-licensed driving) and the violation of the Road Traffic Act (non-licensed driving) at the Jung-gu District Court on September 30, 2010.

The Defendant is a person who is engaged in driving a two 50cc motor bicycle.

At around 17:50 on December 27, 2012, the Defendant driven a bicycle lane of 653-29, Jinyang-si, Jinyang-si, Namyang-si, with a blood alcohol concentration of 0.070% under the influence of alcohol without obtaining a motorcycle driver's license, and driven the above motorcycle with a speed of about 20 kilometers from the side of the Jin-Eup office to the bridge.

Since there is a bicycle road, there was a duty of care to confirm whether a person engaged in driving of a motorcycle has a bicycle and a pedestrian on the front side by reducing speed, checking the front side and the left side and right side, and safely drive the bicycle.

Nevertheless, under the influence of alcohol, the Defendant operated the steering gear to the right side in order to avoid the chair who was in front of the Defendant due to negligence while neglecting it, and she saw the left side of the victim C (Woo, 16 years old) walking on the front side of the above motorcycle, and went beyond the floor with the front wheels of the above motorcycle.

Ultimately, the Defendant suffered from the victim’s injury of the blood species, salt dys, and tensions on the left-hand part of the need for treatment for about two weeks due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual condition survey report;

1. A report on detection of a host driver;

1. Registers of driver's licenses;

1. A medical certificate (C);

1. Previous records: Application of inquiries, such as criminal records, and criminal records, and Acts and subordinate statutes to report an investigation (report on the front of a suspect);

1. Criminal facts;

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