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(영문) 전주지방법원 군산지원 2019.02.27 2018고단1266
교통사고처리특례법위반(치상)등
Text

1. The punishment of the defendant shall be determined by six months;

2. Provided, That the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

1. The Defendant of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who drives a vehicle B or another vehicle.

On September 24, 2018, the Defendant, without obtaining a driver’s license on September 24, 2018, 04:13, 04:11% of blood alcohol content, turned back the roads prior to “D Burial” located in Y in Yasan-si C as “E”.

In this case, there was a duty of care to live well before and after the driver of a motor vehicle and to properly operate the operation and steering gear of the motor vehicle and to safely proceed with it.

Nevertheless, the Defendant, without a driver's license, failed to accurately operate the operation and steering wheel while under the influence of alcohol, and due to the negligence behind the Defendant's driving without accurately operating the operation and steering wheel, brought the right side part of G SPP car driven by the victim F (34 years old) who was under the influence of the Defendant's vehicle behind the vehicle in question, into the front part of the car driving seat of the Defendant.

Ultimately, the Defendant suffered injury to the victim, such as drums and drums, which require approximately two weeks of medical treatment by occupational negligence as above.

2. The Defendant violated the Road Traffic Act (driving) and the Road Traffic Act (Free Driver) without obtaining the temporary driving license as stipulated in paragraph (1) of this Article, driving B B B in a section of about five meters prior to the road referred to as “D Burial” located in the next City C while under influence of 0.121% of blood alcohol concentration without obtaining the temporary driving license.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Reporting on the occurrence of a traffic accident and each photograph;

1. Application of Acts and subordinate statutes to reports on the statement of the status of a prime driver, and medical certificate;

1. Article 3 (1), the proviso to Article 3 (2) 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, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning the crime;

1.Article 40 of the Criminal Code of Trade and Trade.

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