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(영문) 청주지방법원 충주지원 2015.06.26 2014고단493
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. Around 20:50 on September 25, 2014, the Defendant driven a rocketing car under the influence of alcohol level of 0.104% without obtaining a driver’s license for a three-meter section at the front of the D pharmacy located in Chungcheong City C, while under the influence of alcohol level of 0.104%.

2. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person engaging in driving a rocketing car.

On the date stated in paragraph (1), the Defendant driven the said car without obtaining a driver's license while under influence of alcohol, and led the car to proceed to the direction of the opposite direction on the front of the D pharmacy listed in paragraph (1).

At night, the victim F is at night, and the G car driven by the victim F was waiting to enter the right-hand side. In such a case, the driver had a duty of care to reduce speed to the person engaged in driving duty and to prevent the accident in advance by proceeding well with the other vehicle's attitude in the front side.

Nevertheless, the Defendant neglected to do so, while driving in front of the vehicle while driving without being able to breadly and without being able to see it, received the following part of the vehicle behind the car of the victim F by the Defendant.

Ultimately, the Defendant suffered from the injury of the victim H and the victim I, who was on board the victim F and the damaged vehicle due to the above occupational negligence, for about two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A statement prepared by the F;

1. A report on the occurrence of a traffic accident, a report on actual condition investigation, and on-site photographs;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. The driver's license ledger;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 3 (1), the proviso of Article 3 (2) 7 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

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