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(영문) 광주지방법원 2013.03.21 2013고단266

교통사고처리특례법위반등

Text

A defendant shall be punished by imprisonment for not more than ten 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

1. On December 11, 2012, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents, while under the influence of alcohol by 0.072% of blood alcohol concentration, the Defendant driven a motor vehicle without a driver’s license and proceeded one-lane of the two-lanes of the national highways located in the Southern-si in the Southern-si in Jeju-si without a driver’s license on December 11, 201 to Gwangju-si.

At this point, there is a vehicle that intends to move to the Southern ICT access road, so the driver of the motor vehicle has a duty of care to look at the front door well and to prevent the accident by accurately manipulating the steering direction and brake system.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to go through an access road to the Southern ICT and caused the injury of the victim D(32 years of age) to the right-hand part of the E 1t Poter’s 1st Poter’s driving on the front-hand part of the Defendant’s car. The Defendant suffered from the victim D, who was on board the damaged vehicle, about six weeks of the need to provide approximately six-day medical treatment, such as dump dump and tension.

2. Around 17:00 on December 11, 2012, at around 17:50 of the same day, the Defendant, while under the influence of alcohol with a blood alcohol content of 0.072% without a driver’s license, driven a CranTG car with approximately 45 km from the same day to the above place.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A written statement;

1. Each written diagnosis;

1. The actual survey report and the evidence and photographs of traffic accidents;

1. Application of the Acts and subordinate statutes to the ledger of driver's licenses and circumstantial statements of drivers;

1. Article 3 (1), the proviso of Article 3 (2) 7 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 3 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act concerning criminal facts;