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(영문) 대구지방법원 2017.01.12 2016고단5509

교통사고처리특례법위반(치상)등

Text

Defendant

A Imprisonment for six months, Defendant B shall be punished by a fine of 4,500,000 won.

Defendant

B does not pay the above fine.

Reasons

Punishment of the crime

1. Defendant A is a person who is engaged in driving a vehicle with C bid.

A. On October 22, 2016, the Defendant violated the Road Traffic Act (unlicensed driving) without obtaining a driver’s license. On October 22, 2016, the Defendant driven the said car from the road front of the Gangwon-gu Northbuk-dong Rock located in the same Gu, Daegu Northern-gu, Daegu, to the road front of the same Gu, from around 1km in the same Gu.

B. On October 23, 2016, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) and the Road Traffic Act (driving without a license) on October 23, 2016, without obtaining a driver’s license on October 23, 2016, the Defendant driven the said car and led the said car to the intersection of the Negi Park at the direction of the Daegu Health University, which is located in the flow route of Daegu North-gu, Daegu, by driving it.

Since there is an intersection in which traffic signal apparatus is installed, all drivers have the duty of care to safely drive the traffic signal in accordance with the signals of the traffic signal and prevent the accident from spreading.

Nevertheless, the Defendant neglected this and conflict with the front part of the car driving by Defendant B, who was directly in accordance with the straight line from the bend on the bend side of the valley ero-ero-ero-ero-ero-ero-ero-ero, which was driven by Defendant B, with due care, in violation of the signal.

As a result, the defendant suffered from the victim B a scarcity which requires approximately two weeks of treatment.

2. On October 23, 2016, the Defendant driven a DNA car with alcohol content of about 0.148% in the 1km section from the front side of the F iron in Daegu Northern-gu, Daegu-gu, to the front side of the same Gu, Taenam Park, Inc., located in the same Gu cancer, at approximately 1km to the four-distance road in the same Gu.

Summary of Evidence

1. Defendants’ respective legal statements

1. Investigation report on actual condition, inquiry into the results of crackdown on drinking driving, and the application of Acts and subordinate statutes to the ledger of driver's licenses (No. 13 lists of evidence);

1. Relevant Articles of the Act concerning the facts constituting the crime;