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(영문) 대구지방법원 포항지원 2013.04.11 2013고단66
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents and Violation of the Road Traffic Act (Unlicensed Driving) by the Defendant had a driving license on September 23, 201, while the Defendant had not obtained a driving license on September 23, 201, the Defendant driven C Poter freight driving on the front of the road in front of the Yancheon-gu, Nam-gu, Eup at the port from the original Dong-dong bank to the steel-

At that time, the defendant showed that the victim D(n, 69 years old) is proceeding along the road side, so the defendant, who is in charge of driving a motor vehicle, has a duty of care to maintain a sufficient distance to avoid pedestrians by reducing the speed while taking into account the situation of pedestrians, and has a duty of care to avoid damage or to stop once again.

Nevertheless, the Defendant, as seen above, neglected to perform other duties of care to reduce speed or protect pedestrians without a driver’s license in a state without a driver’s license, and thereby, caused the victim to go beyond the road by taking part of the victim’s flick in front of the right-hand side of the freight of the Defendant.

The Defendant suffered injury to the victim D due to the above occupational negligence, such as serious brain injury requiring approximately 12 weeks of medical treatment.

2. Around 21:40 on January 20, 2013, the Defendant was under the influence of alcohol by 0.123% of blood alcohol concentration without obtaining a driver’s license for a motor vehicle. Around 21:40, the Defendant driven a e-mail car from the 1km section to the front of Samsung Digital Froon located in the same Eup Eup/Myeon at the time of the port, on the front of the Ycheon-gu Ocheon-gu, Ocheon-gu, Ocheon-gu, Seoul.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Examination protocol of the accused by prosecution;

1. The statement of each police officer made to F and G;

1. A traffic accident actual condition survey report and on-site photographs;

1. The circumstantial report of a host driver and the circumstantial statement of a host driver: 1.

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