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(영문) 창원지방법원 거창지원 2015.07.15 2015고단103
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 31, 2008, the Defendant was issued a summary order of KRW 2 million for a violation of the Road Traffic Act (driving without obtaining a license) or a violation of the Road Traffic Act (driving without obtaining a license) in the Changwon District Court’s branch on October 31, 2008. On May 31, 2012, the same court was sentenced to a fine of KRW 8 million due to a violation of the Road Traffic Act (driving without obtaining a license).

Despite the fact that the Defendant had been punished twice or more for a violation of the Road Traffic Act (driving) as above, the Defendant driven C truck under the influence of alcohol content 0.128% without obtaining a driver’s license from approximately 100 meters from the front day of the Yongsan-gu Si Gyeong-gun, Youngnam Development-gun on April 24, 2015 to the front day of B, even though there was a history of punishment for the violation of the Road Traffic Act (driving).

2. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person engaging in driving of C Freight.

On April 24, 2015, the Defendant driven the above cargo vehicle on April 13:33, 2015, and led to the direction of the forest park from the water reservoir to the water reservoir.

A person engaged in driving of a motor vehicle has a duty of care to safely operate the motor vehicle by accurately manipulating the steering room, steering gear, brake system, etc.

Nevertheless, the Defendant was negligent in neglecting the above duty of care while under the influence of alcohol without obtaining a driver’s license and neglected to do so, and found the victim D(30 years of age) who stopped the vehicle on the right side of the Defendant’s driving direction and left the driver’s seat at the latest, and received the victim’s chest on the front of the Defendant’s vehicle.

Ultimately, the Defendant suffered injury to the victim, by negligence in the above business, due to cerebral tension in detail, which does not have two or more open situations in need of treatment for about three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A traffic accident;

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