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(영문) 울산지방법원 2013.05.30 2013고단1771
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On October 27, 2009, the Defendant was released from Daegu Detention House on January 28, 201 and completed the execution of the said sentence on March 16, 201, by the same court on the same date, for the following reasons: (a) six months of imprisonment; (b) three years of suspended execution; and (c) six months of imprisonment for the same crime in the same court on March 18, 201; and (d) the Defendant was released from Daegu Detention House on March 16, 201.

Criminal facts

The defendant is a person who is engaged in driving a CM5 car.

On February 6, 2013, at around 23:55, the Defendant driven the said vehicle without obtaining a driver's license, while under the influence of alcohol of 0.119% of blood alcohol level, and turned the said vehicle to the right-hand of the intersection of the new west-dong, Ulsan-gu, Ulsan-gu, Seoul-do, the intersection of the new west-gu, Seoul-do, to the right-hand distance from the surface of the ero

At the time, there was an intersection where signal apparatus was installed, and in this case, there was a duty of care to see a person engaged in driving of a motor vehicle as well as a duty of care to see a person engaged in driving a motor vehicle without the influence of alcohol.

Nevertheless, the Defendant neglected to do so and negligently driven without obtaining a driver’s license, and caused the victim D (Nam, 43 years old) who stops in the atmosphere of the signal signal at the front of the direction of the Defendant’s running, to shock the rear part of the E Car driving vehicle to the left part of the Defendant’s driving vehicle.

As a result, the Defendant, who was in two times of drinking alcohol, drives a motor vehicle without a license at the same time. On the other hand, due to the negligence in the above business, the Defendant suffered from the injury of the fluoral salt, etc. requiring treatment for about two weeks, and damaged the fluorial car to be repaired in KRW 1,232,964 at the repairing cost.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report and a actual survey report;

1. A written report from an employee of an employer;

1. License register;

1. A medical certificate;

1. Application of the written estimate statutes;

1. Article 3 (1), the proviso of Article 3 (2) and Article 3 (7) 7 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, the Criminal Act concerning criminal facts;

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