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(영문) 서울서부지방법원 2013.08.13 2013고단1143

도로교통법위반(무면허운전)등

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1. The defendant shall be punished by imprisonment for six months and a fine of two hundred thousand won; and

2. However, the above imprisonment for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 00:15 on March 24, 2013, the Defendant driven C Haba while under the influence of alcohol content of about 0.195% without a motorcycle driver’s license on the section of about 10km from the place near the leading station of Sinsan-dong, Yeongdeungpo-gu Seoul Metropolitan Government to the 1-3rd road of Mapo-dong, Mapo-gu.

2. On March 24, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) driven the Oralba in a state where it is difficult to drive normally due to the alcohol concentration of 0.195% due to the influence of alcohol on March 24, 2013, and driven the five-lane road in front of 1-3, Mapo-gu, Seoul, Nowon-gu, Nowon-gu, Seoul, with four-lanes according to the 4-lane away from the new village basin.

In such cases, a person engaged in driving service has a duty of care to live well in the front left and drive safely to prevent accidents in advance.

Nevertheless, the Defendant neglected this and proceeded as it is, but found the E rocketing taxi of the victim D(61 years old) who was in the direction of the defendant's running, and failed to take proper action to stop, thereby causing injury to the victim, such as dynasium and tension, which requires approximately two weeks of medical treatment, by taking back the back part of the above cab as the front part of the dynas that the defendant drives.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident occurrence report;

1. The actual condition survey report;

1. A written report from an employee of an employer;

1. A medical certificate;

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 2 of the Road Traffic Act, Article 44 (1) of the Road Traffic Act, Articles 154 and 43 of the Road Traffic Act concerning criminal facts, the choice of punishment, and the selection of punishment.