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(영문) 의정부지방법원 2016.05.13 2015고단4084
교통사고처리특례법위반등
Text

Defendant shall be punished by imprisonment for one year and by a fine of 5,00,000 won.

The defendant does not pay the above fine.

Reasons

Punishment of the crime

[2015 Highest 4084] The Defendant is a person who is engaged in driving a motor vehicle of Calburged vehicle.

On September 22, 2015, without a driver's license of a motor vehicle on September 22, 2013, the Defendant driven the said motor vehicle while under the influence of 0.166% alcohol during blood, and led to a road of 633-1 lanes in front of the station, which is 633-1 possible at the time of the Gyeonggi-do government, to proceed at a speed of about 40km in the direction of the Government in the direction of both directions.

Since there is an intersection or crosswalk with a signal apparatus, there was a duty of care to reduce speed to the person engaged in driving service and safely drive the signal in compliance with the signal.

Nevertheless, the defendant, by negligence in the course of the stop signals, received the front part of the victim D (37) who walked in the vicinity of the crosswalk as the front part of the above vehicle and had it exceeded the floor.

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

[2016 Highest 954] On March 13, 2016, the Defendant driven an E K7 vehicle under the influence of alcohol content of 0.141% while under the influence of alcohol while driving, without obtaining a driver’s license from around the Ael funeral hall in the Dong-si Si, Dong-si, Dong-si, Dong-si, to around the waterside park in the same Dong.

Summary of Evidence

[2015 Highest 4084]

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Inquiries about the results of crackdown on drinking driving;

1. The driver's license ledger;

1. Report on a traffic accident (written investigation 1, 2);

1. A medical certificate;

1. On-site photographs of a traffic accident (2016 Height 954);

1. Statement by the defendant in court;

1. Notification of the results of controlling drivers;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents in the pertinent Articles of the Act and Articles 3(2)1, 7, and 8 of the proviso to Article 3(2), Article 268 of the Criminal Act, Article 148-2(1)1 and 44(1) of the Road Traffic Act.

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