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(영문) 수원지방법원 평택지원 2017.10.18 2017고단1513
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 14, 2006, the Defendant is a person who was sentenced to eight months of imprisonment for a violation of road traffic laws in the early branch of the Chuncheon District Court on the ground of a violation of road traffic laws (drinking driving), and on July 7, 2017, who was sentenced to a summary order of 2.5 million won or less for the same crime from the Pyeongtaek District Court on the ground of a summary order of 2.5 million won (drinking driving) and is engaged in driving of Brocketing sirens.

On July 4, 2017, the Defendant driven the said vehicle while under the influence of 0.119% alcohol during blood without obtaining a driver's license on July 4, 2017, and led the Defendant to drive the said vehicle in the direction of the Tong-si market at the seat of Pyeongtaek-si Do Uniform Park 1, 3, and the road adjacent to the Dong-si Do Uniform Park at the seat of the resident center.

At the same time, there was a duty of care to prevent accidents by accurately manipulating the front left left and right and the steering system for the driver of the vehicle in such a case.

Nevertheless, the Defendant neglected to do so and negligently driven without a driver’s license as seen above and caused injury to the victim, such as salt, tension, etc., which requires approximately two weeks of treatment to the front right side of the victim C(W, 48 years old) who was parked on the left side of the driving direction of the Defendant’s vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A survey report on actual condition, a statement on the circumstances of the driver's license, and the ledger of driver's licenses;

1. A medical certificate;

1. Application of Acts and subordinate statutes to inquiries about criminal history and report on investigation (verification of that end record);

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning the facts constituting an offense, Article 268 of the Criminal Act, Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the traffic accident;

1. The Commercial Concurrent Crimes Act.

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