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(영문) 대구지방법원 포항지원 2013.08.29 2013고단525

교통사고처리특례법위반등

Text

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 May 27, 2013, at around 20:15, the Defendant, without a driver's license, driven a B rocketing-type car with a blood alcohol concentration of 0.178%, and proceeded along three-lanes from the steco 1st parallel to the steco 1st parallel at the port of the port.

At the time, it was not easy to see the front-time, and the road was sleeped, and the front-side of the Defendant’s vehicle was stopped by other vehicles for the signal waiting, so in such cases, the driver of the vehicle has a duty of care to reduce speed and properly operate the steering and brakes while maintaining safety distance with other vehicles.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to do so, was negligent in driving in front of the Defendant’s vehicle. The Defendant sustained an injury to the Defendant’s base base and tension that requires approximately two weeks of treatment by driving the victim C, who was parked in front of the vehicle in order to maintain a signal atmosphere at the front.

Accordingly, the Defendant, without obtaining a driver's license, driven a motor vehicle while under the influence of alcohol, and driven a motor vehicle while it is difficult to drive it normally due to influence of alcohol, thereby causing the injury of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual survey report on traffic accidents;

1. The circumstantial report on dangerous driving, the report on detection of the driver, and the circumstantial statement of the driver;

1. Registers of driver's licenses;

1. A medical certificate;

1. Application of the photographic Acts and subordinate statutes;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing danger driving), Article 148-2 (2) 2 of the Road Traffic Act (the point of drinking driving), Article 152 subparagraph 1 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning the crime.