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(영문) 수원지방법원 2013.12.05 2013고단5262
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who drives Category B Dam Vehicles on duty.

On July 31, 2013, the Defendant did not obtain a driver's license on July 21, 2013, and, while under the influence of alcohol at a level of 0.283%, the court fixed distance at the source of Suwon-si under the influence of alcohol level 0.283%, was proceeding at the speed of the US, depending on one way among three-lane roads at the ASEAN University.

Since there is an intersection where a signal is installed, a person engaged in driving service has a duty of care to drive safely in accordance with the signals.

Nevertheless, the Defendant, while disregarding the stop signal, received the part of the driver’s seat of the victim C(53 years old) drive of the victim C(53 years old) who is left to the left at the left due to the negligence that is going to the left, and received the part of the driver’s seat in the vehicle.

After all, the Defendant suffered injury to the victim, such as brain salvin, which requires medical treatment for about two weeks due to such occupational negligence.

2. The Defendant violated the Road Traffic Act (driving) and the Road Traffic Act (driving without a license) and the Defendant driven the said dice vehicle in a state of under the influence of alcohol concentration of 0.283% while under the influence of alcohol, without obtaining a driver’s license in about 3km section from the street in front of the trade infung-gu, Young-gu, Young-gu to the court in charge of the source of Suwon-si, Suwon-si.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. The ledger of driver's licenses;

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

1. Article 3 (1), the proviso to Article 3 (2) 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) 1, and Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Violation of the Act on Special Cases concerning the Settlement of Alternative Traffic Accidents;

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