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(영문) 수원지방법원 평택지원 2014.11.11 2014고단764

교통사고처리특례법위반등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Justice] On July 6, 2010, the Defendant was subject to the disposition of transfer of juvenile protection cases due to the same crime at the office of the Suwon District Prosecutors' Office on September 21, 201, which was in violation of the Road Traffic Act at the office of the horizontal Housing Site of the Suwon District Prosecutors' Office on September 21, 201, which was in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, etc. on August 16, 2012, which was in violation of the Road Traffic Act (unlicensed Driving) from the horizontal Housing Site of the Suwon District Court on August 29, 2012.

【Criminal Facts】

The defendant is a person engaged in driving a C-A-Wurt Motor Vehicle.

On April 19, 2014, the Defendant, without obtaining a driver’s license on a motor vehicle on April 19, 2016, operated the said motor vehicle under the influence of alcohol content of 0.087%, and led to the driving of the said motor vehicle in front of “Enogate” located in Pyeongtaek-si D, into the bank face from the slurian bank.

At the time, there is a night and a place where pedestrians pass along alleyway, so there was a duty of care to safely drive a motor vehicle with a duty of care to ensure that a person engaged in driving the motor vehicle is well aware of whether there is a pedestrian, etc.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to do so, led the victim F (the age of 25) who was walking at the front of the Defendant’s moving direction, to the front part of the Defendant’s car.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of medical treatment for about three weeks due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. The actual condition survey report;

1. Report on the statement of the state of drinking drivers, and notification of the result of the control of drinking driving;

1. Registers of driver's licenses;

1. A medical certificate;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

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 concerning criminal facts;