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(영문) 춘천지방법원 2018.04.26 2018고단46

교통사고처리특례법위반(치상)등

Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving the Clearning Passenger Vehicle.

On December 22, 2017, the Defendant, without obtaining a driver’s license on a motor vehicle on December 19:55, 2017, operated the said motor vehicle under the influence of alcohol level of 0.05% in blood, and driven the motor vehicle to the right right left before the E cafeteria, which is located in Gangwon-do, Gangwon-do.

At the same time, the crosswalk was installed near the intersection of one-lane, so in such a case, the driver engaged in driving service had a duty of care to prevent accidents by temporarily stopping in front of the crosswalk and checking whether there is a person walking the crosswalk and driving the crosswalk.

Nevertheless, the Defendant, without a driver’s license, neglected the duty of care and found out the victim F (51) who walked to port from the right side of the crosswalk in the course of the crosswalk due to the negligence of neglecting the duty of care in the course of drinking, which led the victim to go beyond the above part of the left side of the said vehicle.

Ultimately, the Defendant suffered injury, such as cage cages cages, etc., which require approximately six weeks of medical treatment from the victim due to the above occupational negligence.

2. On December 22, 2017, the Defendant: (a) driven a C-learning car under the influence of alcohol concentration of about 0.05% without a driver’s license on the part of about 20 meters from the front of the H located in Gangwon-do, Gangwon-do; (b) from around 19:55 to the front of the E-Road located in the same military zone; and (c) under the influence of alcohol concentration of about 0.05% during blood without a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Traffic accident reports, actual condition survey reports, field photographs, notification of the results of crackdown on drinking driving, circumstantial statements of drivers at driving, and the ledger of driver's licenses;