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(영문) 대전지방법원 천안지원 2014.03.28 2014고단121
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

The Defendant is a person who is engaged in driving of Bone Star vehicles.

1. On December 20, 2013, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents, while driving the said vehicle under the influence of 0.107% of blood alcohol concentration without obtaining a driver’s license on December 20, 2013, and making the said vehicle turn to the left at a efic speed from the surface of both nesnesn land brea-dong, Seo-gu, Seoan-gu, Seoan-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu.

In such cases, a driver of a motor vehicle has a duty of care to care in advance by accurately manipulating the steering direction and brake system of the motor vehicle and to prevent accidents.

Nevertheless, the defendant neglected his duty and neglected to turn to the left without neglecting his duty, and caused the left-hand side of the victim C (the age of 19) who was walking alone to the front part of the defendant's vehicle.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. on the left-hand hand, which requires medical treatment for about two weeks due to such occupational negligence.

2. On the date stated in paragraph (1), the Defendant driven the said Loneex vehicle under the influence of alcohol content of 0.107% without obtaining a driver’s license from the 20-meter section from the 20-meter radius to the place where the said accident occurred.

Summary of Evidence

1. Defendant's legal statement;

1. C's statement on the occurrence of traffic accidents;

1. Request and reply for entrustment;

1. A traffic accident report, actual condition investigation report;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. Registers of driver's licenses;

1. Application of the photographic Acts and subordinate statutes;

1. Article 3(1), the proviso of 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) of the Road Traffic Act concerning criminal facts;

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