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(영문) 춘천지방법원 2015.11.19 2015고단1033

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 23, 2013, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) in the Suwon District Court’s Ansan Branch on October 23, 2013, and a fine of two million won for the same crime at the Suwon District Court on April 11, 2014.

The Defendant is a person who is engaged in driving a Grandroth. A. The Defendant is a person who is in driving a Grandroth.

On September 16, 2015, the Defendant, without obtaining a driver’s license at around 21:50 on September 21, 2015, when driving the national highway No. 5 at the entrance of 4.114% of blood alcohol concentration, at the 0.114%, the Defendant, while driving the said vehicle on the national highway No. 5, at the surface of Chuncheon-si, from the surface of Chuncheon-si, to the red bank, he was equipped with the yellow-ray central line at the right bend and down. Thus, the Defendant neglected the duty of care to reduce speed in advance and reduce the front side of the yellow-ray, and accurately manipulate the steering and brakes of the Victim C (40 years old) while driving the said vehicle in front of the left side of the Defendant’s driving vehicle, and caused the front part of the Defendant’s driving vehicle to spread the front part of the victim’s vehicle.

Ultimately, the Defendant suffered injury to the victim, such as a scarcity of a scarke wall, which requires treatment for about two weeks due to such occupational negligence.

B. The above A.

In the state of license without license, the above vehicle was driven by 0.114% (equipment measurement) of blood alcohol concentration, and was driven by 5 kilometers from before the two influent restaurant located in Chuncheon-si from the point of accident to the point of accident.

Summary of Evidence

1. Defendant's legal statement;

1. A survey report on actual condition, a report on detection of a de facto driver, the register of driver's licenses, and a medical certificate;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

1. Article 3(1) and the proviso to Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, subparagraphs 2, 7 and 8 of Article 3 of the same Act, and the Criminal Act;