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(영문) 광주지방법원 2013.09.27 2013고단3098
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six 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

The defendant is a person who is engaged in driving a motor vehicle by borrowing the motor vehicle.

On June 29, 2013, the Defendant, without obtaining a driver’s license at around 19:25 on June 29, 2013, driven the said car while under the influence of alcohol content of 0.088%, and led the Defendant to drive the said car in the influence of alcohol content of 0.08%, leading the roads in front of the Hancheon-gu Busan Mine District to the front of the roads located in the Hancheon-gu Busan Mine Complex 9-do, Youngcheon Elementary School.

In such cases, a person engaged in driving service has a duty of care to safely drive a vehicle by accurately operating the steering gear, steering gear, and brake system.

Nevertheless, the Defendant, while under the influence of alcohol, failed to perform his duty at the front time while driving the said passenger vehicle as it is, by negligence, led to driving the said passenger vehicle at the front time, and led the victim D (29 years old) driving, which was stopped in order to signal the signal at the bend time, to the front part of the passenger vehicle.

The Defendant caused the foregoing traffic accident and caused the victim D to suffer from the tensions, tensions, etc., the victim F (the age 28) who is the passenger of the victimized vehicle, the victim F (the age 28) suffered from each of the following factors: (a) the cerebral lein in detail, which requires the victim G (the age 26) to provide treatment for about two weeks; (b) the cerebral lein in which detailed unknown whereabouts require the victim G (the age 26) to provide treatment for about two weeks; and (c) the victim H (the age 47) to the same victim H (the age 47) for approximately two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. The actual condition survey report;

1. A report on detection of a host driver;

1. Each written diagnosis;

1. Application of the statutes on the register of driver's licenses;

1. Article 3 (1), Article 3 (2) (proviso) 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 the facts constituting an offense;

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