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(영문) 춘천지방법원 강릉지원 2013.05.21 2013고정44
교통사고처리특례법위반등
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Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is a person engaged in driving a rocketing car. A.

On February 19, 2012, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents, while driving the said vehicle under the influence of alcohol level of 0.067% (the result of measurement) without a driver’s license on February 19, 2012, and driving the two-lane road of 223.3K (Inncheon bank) on the Yeongdeungpo-si Highway located in Gangseo-si, Gangwon-si.

At that time, a person engaged in driving on an expressway with a concrete central separation cost installed has a duty of care to safely operate the steering gear and steering the steering gear by accurately operating the steering gear.

Nevertheless, the central separation zone was received as the front part of the vehicle in front of the other vehicle due to the negligence of operating the vehicle by neglecting it.

As a result, the Defendant suffered cerebral tension in detail for about three weeks to the son C (Y, 34 years of age) due to the above occupational negligence.

B. On February 19, 2012, the Defendant was under the influence of alcohol 01:45 on a blood alcohol level of 0.067% (the result of measurement) without a vehicle driver’s license on February 19, 2012, the Defendant is driving a vehicle at approximately 20 km from the upstream of the said vehicle to the Young Highway 223.3K (Insular bank) at a shill (insular bank).

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report (1), (2);

1. C's statement on the occurrence of a traffic accident;

1. A medical certificate;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

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 by Relevant Acts, Article 268 of the Criminal Act, subparagraph 1 of Article 152, Article 43 of the Road Traffic Act, Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Violation of the Road Traffic Act (the crime of driving without a license) Articles 40 and 50 of the same Act.

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