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(영문) 창원지방법원 통영지원 2014.05.29 2014고단263
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 1, 2014, at around 22:35, the Defendant: (a) driven a ccus vehicle B with a blood alcohol concentration of about 0.131% while under the influence of alcohol without obtaining a driver’s license in the section of about 1km from the year school located at the beginning of the beginning of the year 6-lane 10, the year from the beginning of the year 2:35 on March 1, 2014 to the front of the annual elementary school located at 4280.

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

On March 1, 2014, the Defendant driven the said car under the influence of alcohol without obtaining a driver's license as stated in paragraph (1) at the beginning of the year when the vehicle was driven, and driven the three-lane road prior to the elementary school located in 4280 at the front of the year when the vehicle was driven at the front of the year at the front of the year when the vehicle was driven along one-lane at the front of the year.

At that time, the Defendant had a duty of care to prevent accidents in advance, such as keeping a safe distance to avoid a stop of the said car, inasmuch as the Defendant was followed by a DNA car car driven by the victim C (the age of 36) prior to the same direction, and thus, the Defendant had a duty of care to prevent accidents in advance.

Nevertheless, the Defendant, while under the influence of alcohol without a driver's license, was in the front part of the car in front of the car of the Defendant, who was waiting and stopping the signal at the front intersection by negligence while neglecting it.

As a result, the Defendant suffered from the injury of light salt, etc., which requires approximately three weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual condition survey report;

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

1. Registers of driver's licenses;

1. Photographss related to traffic accidents;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Criminal facts;

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