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(영문) 의정부지방법원 2013.10.18 2013고단1746
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a salary-franking vehicle C.

On May 25, 2013, the Defendant, without obtaining a driver’s license on May 18, 2013, driving the said vehicle under the influence of alcohol content of 0.173%, and driving the 507-way road in the southyang-si, Namyang-si, Namyang-si, the Defendant driven the said vehicle at an insular speed depending on the eromatic direction from the upper direction to the upper direction.

At that time, since there is a center line of yellow-ray, a person engaged in driving service has a duty of care to thoroughly operate the front line and to safely operate the tea.

Nevertheless, the Defendant neglected to do so by negligence in the course of his duties and her center line, followed the left side of the victim D(WW vehicle of 37 years old) driving, which was proceeding in the opposite part of the moving direction of the Defendant’s vehicle, and conflict before the left side of the Defendant’s vehicle, and due to this conflict, the victim DW vehicle of the victim F(36 years old) driving, which was proceeding behind the Defendant’s vehicle, was pushed ahead of the victim’s DW vehicle, and the victim FW vehicle of the victim F(36 years old) driving.

Ultimately, the Defendant caused the victim D’s injury, such as salt, tensions, etc. of the bones of wood, which requires medical treatment for about two weeks due to occupational negligence as above, and caused the victim F to suffer injury, such as catitis, which requires medical treatment for about two weeks, by causing the victim F to suffer injury to the victim H of the said BMW vehicle, which requires medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D;

1. The actual survey report on traffic accidents;

1. A report on detection of a host driver;

1. The circumstantial statement of the employee;

1. The register of suspect A driver's licenses;

1. Application of Acts and subordinate statutes of medical certificate (D, F, H);

1. Relevant Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Article 148-2 of the Road Traffic Act concerning criminal facts;

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