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(영문) 인천지방법원 2015.06.04 2015고단1097

교통사고처리특례법위반등

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A defendant shall be punished by imprisonment for one year.

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. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person engaging in driving a CK5 vehicle.

On November 29, 2014, the Defendant driven the above vehicle on the 22:22:2, the Defendant was found to have driven the vehicle in the vicinity of the Mandong-dong Incheon Jung-gu, Incheon, and was under the influence of alcohol at the front bank to avoid this, and the Defendant was driving the vehicle on the 1km level in order to see the police vehicle coming from driving the Defendant’s vehicle at the drive of the vehicle, the Defendant was driving the vehicle on the right-hand at the flow distance of the Jung-dong, Incheon, Jung-gu.

Since there is a place in which a crosswalk is installed, there was a duty of care to confirm and drive a person who is engaged in driving service with no pedestrian, by properly examining the front side and the left side of the crosswalk.

Nevertheless, the Defendant neglected to obtain a driver’s license and failed to find out the unclaimed pedestrians by by negligence prior to the bypass while under influence of 0.075% of alcohol content in the blood alcohol level without obtaining a driver’s license, and the Defendant shocked the victim D (19 years old) with the front part of the vehicle driving by the Defendant, and the victim E (18 years old).

The Defendant caused the victim D’s negligence in the course of performing such occupational duties to suffer from approximately four weeks of luminous chills, which require treatment, and caused the victim E to suffer approximately ten (10) weeks of medical treatment. In addition, the Defendant suffered the victim E from the closed chills of the upper part of the upper part in need of medical treatment.

2. Violation of the Road Traffic Act (Driving without a license) and the violation of the Road Traffic Act (driving without a license) were driven by CK5 automobiles in the state of under the influence of alcohol of about 0.075% of alcohol content without obtaining a driver’s license from the front side of the Inndong-dong Incheon Jung-gu, Incheon to the site of accident as stated in the foregoing 1.1.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. A written statement of F and G;

1. The actual condition survey report;

1. The report on actions taken against an employer, and the report on the status of an employer-employed driver;