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(영문) 의정부지방법원 고양지원 2014.03.21 2013고단2281

교통사고처리특례법위반등

Text

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

The defendant is a person who is engaged in driving C 125cc.

On May 5, 2013, the Defendant, without a driver’s license at around 19:30 on May 19, 2013, while under the influence of alcohol with 0.102% of the blood alcohol concentration, was driving the above otoba while driving the above oba, and driving the road in front of the restaurant at the oba of the obane on the obathal galth of the Trith of the Trith of the Trith of the Trith of the Trith of the Trith of the Trith of the Trith of the Trith of the Prith of the Republic of Korea. The Defendant engaged in driving the road

Nevertheless, the Defendant, while under the influence of alcohol, neglected to perform the above duty of care and went through the center line by negligence, received the part on the left-hand-hand-hand side of the Dak-do driving Dak-do from the Defendant's left-hand side by the Defendant's second-hand side of the Dak-do driving, thereby falling off the victim F(68 years of age) on the floor, which was on board the Hatoba, and caused the victim to suffer from a ethropical thropty which requires approximately 6 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on traffic accidents, reports on occurrence of traffic accidents, and reports on detection of drivers;

1. G investigation report (Evidence Nos. 19 of evidence list);

1. The written request for appraisal (the blood alcohol appraisal report);

1. A medical certificate;

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

1. Article 3 (1), the proviso of Article 3 (2) and Article 278 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the crimes of violating the Road Traffic Act, the Road Traffic Act (the crimes of driving without licenses) shall be more severe;