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(영문) 수원지방법원 평택지원 2013.09.26 2013고단1048

교통사고처리특례법위반등

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A defendant shall be punished by imprisonment for not less than eight 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 November 29, 2010, the Defendant issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act, and a fine of KRW 4 million as a fine for a violation of the Road Traffic Act at the Suwon District Court on October 17, 2012.

The defendant is a person who is engaged in driving a Patom car.

On July 19, 2013, at around 14:20, the Defendant, without a car driver’s license, proceeded along one-lane in the direction of tolerance in the direction of the euthancinic acid, the 0.069% of the blood alcohol concentration of the 0.069%, under the influence of alcohol.

There is a long distance, and there was a duty of care for a person engaged in driving of a car to safely conduct by checking the right and the right of the car.

Nevertheless, the Defendant, while under the influence of alcohol without a driver's license, neglected this and sustained injury, such as salt ties, tensions, etc. of the trend that requires approximately two weeks of medical treatment, by shocking the back portion of the victim's Da QM5 car, which was in the signal atmosphere from the above shooting distance, into the front part of the Defendant's vehicle.

Accordingly, the Defendant driven a car under the influence of alcohol level 0.069% without obtaining a driver's license, and the Defendant suffered injury to the victim due to occupational negligence while driving the car as above.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of C;

1. Reports on traffic accidents and reports on occurrence of traffic accidents;

1. Statement on the status of a drinking driver, and a written report on the status of a drinking driver;

1. Registers of driver's licenses;

1. Each comparison with the enemy;

1. A medical certificate;

1. Each accident site and vehicle photograph;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment of judgment) and Acts and subordinate statutes;

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