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(영문) 창원지방법원 마산지원 2015.04.15 2015고단172

교통사고처리특례법위반등

Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Around 22:55 on January 25, 2015, the Defendant was driving a two-way vehicle while under the influence of alcohol with approximately 200 meters alcohol concentration of 0.117% without obtaining a driver’s license from the roads near Dong Seog-gu, Changwon-si, Muwon-si, Pungwon-si, to the roads front of the Seoggu, Seogwon-si, Pungwon-si, Pungwon-si, and then driving a two-way vehicle under the influence of alcohol concentration of at least 0.17%.

2. On January 25, 2015, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents, at around 22:55, driven the said luscam car with a blood alcohol concentration of 0.117% while under the influence of alcohol without obtaining a driver’s license, and proceeded with one-lane of the two-lanes of the two-lanes in front of the Changwon-si, Changwon-si, Masan-gu, Changwon-si.

At the time, the victim C was at night, and the victim C was driven by the victim C's car in the same direction, and the defendant has a duty of care to ensure and proceed with a safe distance that can be avoided in the event that the above car stops.

Nevertheless, the Defendant neglected to stop the said car rental car while drinking, and was found to have been at the latest due to the negligence of finding it late, and suffered from the injury of the victim C, the victim E, F, and G, the passenger, the victim E, F, and G, each of whom requires approximately two weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of C prepared by the police;

1. The actual condition survey report;

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

1. On-site photographs;

1. Each medical certificate for C, E, F, and G;

1. Application of the statutes on the register of driver's licenses;

1. Relevant Article 152 subparagraph 1 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act concerning criminal facts;