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(영문) 제주지방법원 2015.11.12 2015고단1147

교통사고처리특례법위반등

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A defendant shall be punished by imprisonment for not less than eight 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 June 24, 2015, the Defendant driven the Ewing-III truck under the influence of alcohol with approximately 0.062% of alcohol level 0.062% without obtaining a driver’s license in the section of about 2km from the Jeju-ro apartment complex located at the center of Seopopo City, Seopo City, 198-11 to the front roads located at Seopo City, Seopopo City.

2. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person engaging in driving a motor vehicle of salary class ゲ.

On June 24, 2015, the Defendant driven the truck under the influence of alcohol without obtaining a driver's license, as stated in Paragraph 1, and driven the two-lane road in front of D in Seopo City C at Seopopo City, from the 1st square of Seopopo City to the 20km long from the 1st square of Seopopo City at Seopopo City, the Defendant continued to drive the truck under the influence of alcohol.

The Defendant, prior to the same direction, was followed by a G sti-type vehicle driven by the injured FF (the age of 42). In such a case, the Defendant had a duty of care to ensure that a person engaged in driving of a motor vehicle is well aware of the situation, and that a person engaged in driving a motor vehicle has a duty of care to secure a safe distance to avoid when the motor vehicle stops.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving a vehicle in an excessively close vicinity, and the part behind the vehicle driven by the victim who was parked in front of the suspect's vehicle was moved into the front part of the vehicle driven by the Defendant, and the victim's vehicle was pushed ahead of the vehicle in front of the vehicle in front of the suspect, and caused the victim's vehicle to be pushed ahead of the vehicle in front of the vehicle.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of F, I, and J;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Report of the statement of the state of driving under the influence of alcohol and notification of the result of the control of drinking driving; and