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(영문) 수원지방법원 2014.08.27 2014고단525
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for four 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

On November 12, 2013, the Defendant was sentenced to 8 months of imprisonment with prison labor and 2 years of suspended execution for the violation of the Road Traffic Act, etc. at the Ansan District Court's Ansan Branch on November 12, 2013, and such judgment became final and conclusive on November 20, 2013.

1. On July 4, 2013, the Defendant violated the Act on Special Cases concerning the Settlement of Traffic Accidents (hereinafter “Special Cases”) was a person engaged in driving CK5 automobiles, and the Defendant driving the said vehicle on a bend road along the set-down distance in front of the rash farm in the Han-si, Han-gu, Han-gu, Jeju, for a period of suspension of driver’s license, while under the influence of alcohol with 0.057% of blood alcohol concentration during the period of suspension of driver’s license, and proceeded from the opposite side of Geum-gu to peace.

Since there is a central line, the defendant engaged in driving service has a duty of care to protect the vehicle line, to live well in the surroundings, and to drive safely.

Nevertheless, the defendant neglected this and caused the collision between the E-Poter freight of the victim D (ma, 44 years old) driving in the opposite lane and the opposite lane due to the negligence of operating the said car.

The Defendant caused injury to the victim by the above negligence, such as cutting off lavers to the left-hand lavers, which requires approximately 14 weeks of treatment.

2. Violation of the Road Traffic Act (unlicensed driving and drunk driving) was driven by the Defendant under the influence of alcohol with the blood alcohol concentration of 0.057% during the period of suspension of the driver’s license until the set-off set-up set-up set-up at the Han River, the Han-gu, the Han-si, the city at the time of making a temporary border.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Written statements of D;

1. A medical certificate;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. Registers of driver's licenses;

1. Previouss before and after judgment: Application of the screen of the case summary agreement auxiliary to the judgment, and the statutes;

1. Article 3 (1), the proviso to Article 3 (2) 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, and Article 44 (1) of the Road Traffic Act concerning criminal facts;

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