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(영문) 춘천지방법원 속초지원 2015.12.09 2015고단338
교통사고처리특례법위반등
Text

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 of the final judgment.

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 CP car.

On May 11, 2015, the defendant operated the above car at around 12:30, and changed the two-lanes of the 7th line of the national highway E, which is located in Gangwon-si D from the beginning of the Gangwon-si. The defendant changed the course from the north-si to the beginning of the Seocho-si.

In this case, the driver of a motor vehicle has a duty of care to change the vehicle line by operating direction direction, etc. when changing the vehicle line, giving prior notice of change of course, and taking into account the traffic situation of the front and rear left.

Nevertheless, the Defendant neglected to do so and, while driving under the influence of 0.058% of blood alcohol level without obtaining a driver's license, caused the vehicle by the negligence of driving the vehicle on the left-hand side, and the Gcoon driven by the victim F (73 years of age) who was under way at the first lane, caused the vehicle to rapidly stop on the left-hand side in order to avoid shock with the Defendant's driving vehicle.

As a result, the Defendant suffered, by negligence on the part of the above business, the injury to the victim He (the age of 67) who was on board the top of the car in order to provide approximately two weeks of medical treatment, such as dynasium, dynasium, dynasium, dynasium, dynasium, dynasium, and dynasium, respectively.

2. On May 11, 2015, the Defendant violated the Road Traffic Act (driving without a license) and the Road Traffic Act (driving without a license) operated the said low-speed car under the influence of alcohol of about 0.058% without obtaining a driver’s license at a section of about 3km in front of the entrance of the Yandong-dong, Seoyang-dong, Choyang-dong, 202, at the early parking lot of about 12:25, May 11, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. The actual survey report and on-site photographs;

1. Notification of the result of the driving control;

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