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(영문) 창원지방법원 통영지원 2014.04.25 2014고단168
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for not more than 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

1. On January 24, 2014, at around 22:40, the Defendant driven a c pressle boom vehicle without a vehicle driver’s license, while under the influence of alcohol of about 0.118% of the blood alcohol concentration in front of the new Asian building located in the Gapo-dong at the Gapo-si at the Gapo-si and at the same time, from the road in front of the Gapo-dong at the Gapo-si at the Gapo-si.

2. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving a line of vehicle.

At around 22:40 on January 24, 2014, the Defendant driven the above van and proceeded with the 4th line road in front of the south of the Joseon East East-dong Shipbuilding's shipbuilding yard at the same time with the 4th line from the south of the Shipbuilding at the same time.

At the same time, three colors signal was installed on the front door, and thus, the person engaged in driving a motor vehicle has a duty of care to safely drive the motor vehicle in compliance with the signal by returning the front and rear left well.

Nevertheless, as stipulated in Paragraph 1, the Defendant was negligent in disregarding and driving a stop signal while under the influence of alcohol content of 0.118% without a driver’s license, and received the part of the victim D (33 years of age) who was crossing the front crosswalk by riding a boom bicycle.

Ultimately, the Defendant suffered injury to the victim, such as minculization of the upper right-hand laver in need of treatment for about 12 weeks by occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. The actual condition survey report, the registration of driving licenses, and the registration of driver's licenses;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1), Article 3 (2) (proviso) 1, 7, and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1 of the Road Traffic Act concerning criminal facts;

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