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(영문) 대전지방법원 서산지원 2016.05.20 2016고단202
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for not less than eight 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 March 14, 2013, the Defendant was sentenced to a fine of KRW 2 million for a violation of road traffic laws (drinking driving) in the Seosan Branch of the Daejeon District Court on March 14, 2013, a fine of KRW 500,000 for the same offense in the same court on the same day, and a fine of KRW 5 million for a violation of road traffic laws (drinking driving) in the same court on April 24, 2014, respectively.

The defendant is a person who is engaged in driving a cuss car in C.

On March 10, 2016, the Defendant, without obtaining a driver's license of a motor vehicle on March 20, 2016, driven the said motor vehicle while under the influence of 0.197% alcohol level in blood, and driven the road of the front side of the E-do located in Seosan City D, with the driving of the said motor vehicle to the Cultural Center from the west side.

At the time, the center line of the yellow-line is installed at night and there is a place where the yellow-line is installed. In such a case, there was a duty of care to ensure that a person engaged in driving of a motor vehicle is obliged to thoroughly operate the motor vehicle in the front and the motor vehicle is safely operated.

Nevertheless, under the influence of alcohol, the Defendant was under the influence of the Defendant’s negligence in driving the Victim F(37 Do) G rocketing taxi driving in the opposite direction due to the negligence going beyond the central line, and was under the influence of the Defendant’s driving’s front part of the driver’s seat in front of the driver’s seat in the said car.

As a result, the Defendant suffered injury to the victim by occupational negligence during the two-day medical treatment, and was in violation of the provision prohibiting driving of drinking at least twice, and was driving a motor vehicle without obtaining a driver’s license under the influence of alcohol, in violation of the said provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to inquiries, such as a fact-finding survey report, a state driver's circumstantial statement, diagnosis report, driver's license ledger of automobiles, and criminal history;

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the proviso to Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Criminal Act concerning criminal facts.

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