beta
(영문) 수원지방법원 2015.04.15 2015고단419

교통사고처리특례법위반등

Text

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

[criminal power] On September 25, 2009, the Defendant was sentenced to a fine of KRW 700,000 for the violation of the Road Traffic Act (driving) at the Suwon District Court on September 25, 2009, a fine of KRW 2 million for the same crime at the same court on February 11, 201, and a summary order of KRW 5 million for the same crime at the credit branch of the Suwon District Court on May 20, 201.

【Criminal Facts】

1. On January 6, 2015, at around 0.113, the Defendant, without a driver’s license, driven a B Trate car at a level of 7 km from the front side of the same Map Kim-dong Kim Gyeong-dong, 2015 while under the influence of alcohol by 0.13% of the blood alcohol concentration without a driver’s license.

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

On January 6, 2015, at around 18:30, the Defendant, without a car driver’s license, driven the said car while under the influence of alcohol of 0.113% with a blood alcohol concentration without a car driver’s license, and proceeded ahead of the wife population, Myeong-dong, Kim large-scale, in the direction of Kim large-scale from the corner of the valley.

At night, in such cases, a person engaged in the driving of motor vehicles has a duty of care to prevent accidents by safely examining the front left left left well.

Nevertheless, the Defendant, as the negligence of driving without a license or driving on a drinking-free vehicle as above, brought about the back part of the victim C(51 years old) drive D's drive, which was stopping in the front of the same direction, with the front part of the said car.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as salt dynasium, which requires approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. C's accident explanatory note;

1. A traffic accident report (1);

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

1. Registers of driver's licenses;

1. A medical certificate;

1. Application of criminal records, reply reports, and summary order statutes;

1. Criminal facts;