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(영문) 청주지방법원 2020.08.27 2020고단977
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for a term of one year and four months.

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

Reasons

Punishment of the crime

[Around November 27, 2007, the Defendant received a summary order of a fine of one million won for a violation of the Road Traffic Act from the Cheongju District Court on November 27, 2007, and on September 27, 2018, the same court received the summary order of a fine of two million won for a violation of the Road Traffic Act.

【Criminal Facts】

1. The defendant is a person who is engaged in driving service of the BNAS car in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On April 26, 2020, the Defendant driven the above vehicle under the influence of alcohol of 0.082% on the roads located in Heung-gu, Chungcheongnam-gu, Chungcheongnam-gu without obtaining a driver's license for a motor vehicle on the roads located in Heung-gu, Chungcheongnam-gu, Cheongju, and carried out the operation of the above motor vehicle into the Cheongju-do Cheongju-do ebbbb. In such a case, the person engaged in the driving of the motor vehicle has a duty of care to thoroughly operate the front-down and properly operate steering devices and brake devices, thereby preventing the accident. However, even though he has a duty of care to prevent the accident by properly operating the steering devices and brake devices, the victim D (ma, 47 years old) who was under the influence of alcohol and stops on the right side of the motor vehicle, and the part on loaded the three cargo loaded in the front-class eb. of the

As a result, the Defendant driven the said car while under the influence of alcohol and suffered injury to the victim, such as salt dump, tension, etc. in need of treatment for about two weeks.

2. The Defendant violated the Road Traffic Act (driving) and the Road Traffic Act (driving without a license) without obtaining a driver’s license on the same date and at the same time, driven the said vehicle from the F apartment road in the Seo-gu, Seog-gu, Seog-gu to the roads in front of the Cheongju-si, Chungcheongnam-si, the level of alcohol concentration of which is about 0.082% under the influence of alcohol.

As a result, the defendant violated the prohibition of drinking driving more than twice and driving without a license.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement and a survey report on the actual condition of traffic accidents;

1. Notification of the results of the drinking driving control;

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