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(영문) 대구지방법원 김천지원 2014.09.03 2014고단738
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

On March 13, 2009, the Defendant was sentenced to a fine of three million won for a violation of the Road Traffic Act at the Suwon District Court on March 13, 2009, and a summary order of five million won for the same crime at the Daegu District Court Kimcheon on April 11, 2014.

1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving the Clearning Passenger Vehicles.

On July 5, 2014, the Defendant driven the said car under the influence of alcohol level of 0.137% without obtaining a driver’s license on July 5, 2014, and driven the road in front of modern automobile services in the Gosi-Eup, Gosi, Gosi, Gosi, Gosi.

In the same direction, prior to the time, the victim D(40 years old) driving led to the behind the victim D's car, and thus, the driver had a duty of care to ensure and proceed with the safety distance to avoid when the vehicle stops.

Nevertheless, as seen above, the Defendant was negligent in driving without a driver’s license while neglecting it, and was negligent in driving the Defendant’s vehicle in front of the traffic signal-based driver’s license, thereby committing a crime behind the victim’s vehicle in front of the signal-based driver’s license.

Ultimately, the Defendant suffered injury to the victim, such as salt dynasium, which requires approximately three weeks of treatment by occupational negligence as above.

2. On July 5, 2014, the Defendant: (a) was a person who had been punished for driving under the influence of alcohol twice or more as seen above, and the Defendant driven the frighting car under the influence of alcohol at a level of about 10km from around a restaurant to the front road of the modern car service in the high-Eup city located in the same city, from around a restaurant to around a restaurant on July 5, 2014; and (b) was under the influence of alcohol level of about 0.137%.

(i) the evidence;

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