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(영문) 광주지방법원 목포지원 2013.09.06 2012고단965
교통사고처리특례법위반등
Text

Defendant shall be punished by imprisonment without prison labor for ten months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a CDap Motor Vehicle.

1. On April 19, 2012, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents: (a) driven the said vehicle under the influence of alcohol by 0.150% without obtaining a driver’s license on April 19, 2012; (b) driven the said vehicle under the influence of alcohol concentration of 0.150%; and (c) driven the two-lane road at a speed of about 50km from the right side of the Cheongan-gun to the right side of the road at a speed of about 50km along the two-lanes of the road.

당시는 새벽녘이고 그곳은 아스팔트 포장된 편도 2차로 국도로 좌측으로 굽은 곡선 도로였다.

In such cases, the driver of the motor vehicle has a duty of care to prevent accidents in advance and safely drive the driver of the motor vehicle while operating the steering gear properly.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in driving a stroke and operating the steering gear properly, and was placed on the right side of the road as the top wing part of the said car.

As a result, the Defendant received brain-dead sugars, etc. from the victim D (n, 44 years of age) who is a passenger of the said car due to the above occupational negligence, at the same time, the victim E (the 51 years of age), who is a passenger of the said car, with whom the number of days of treatment cannot be known, due to the above occupational negligence.

2. Violation of the Road Traffic Act (Driving without a license) and the Road Traffic Act (driving without a license) set forth in paragraph (1), the Defendant driven the said car at approximately 15 km from the front of the head of the “hurgian” heading to the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the Cheongan-gun, Cheong-gun, Cheong-gun, without obtaining a driver’s license at the time and place specified in paragraph (1) to the front of the road.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A report on detection of a host driver;

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