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(영문) 수원지방법원 2015.07.23 2015고단2209
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. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving a Category B car.

On April 1, 2015, the Defendant, without obtaining a driver’s license on April 1, 2015, driven the mae-car with the blood alcohol concentration of 0.122%, and proceeded to the intersection distance from the river basin in accordance with the road front of the flow distance in the Suwon-si, Suwon-si.

At night, there was a duty of care to prevent accidents by accurately manipulating the steering and steering gear for those engaged in driving of a motor vehicle at night, and thus, the driver had a duty of care to prevent accidents.

Nevertheless, under the influence of alcohol, the Defendant was negligent in neglecting this, and the lower part of CA5 car, which was in the atmosphere of the signal, was shocked.

Ultimately, the Defendant suffered injury to the victim D (the 40-year-old driver) who is a driver of the A5 car due to the above occupational negligence, such as salt pans, which requires approximately two weeks of treatment.

2. On May 14, 2010, the Defendant was issued a summary order of 2.5 million won 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) at the Suwon District Court on the same day, and on November 5, 2014, the Defendant was issued a fine of 5 million won for a violation of the Road Traffic Act (driving without obtaining a summary order of 5 million won) at the same court on the same day.

On April 1, 2015, the Defendant, without obtaining a driver’s license at around 02:40, driven a Maz car at approximately 100 meters from the vicinity of a drinking house where it is impossible to find out the trade name inside a watershed in a watershed in a watershed calan mountain road at a water level with a blood alcohol concentration of 0.122% while under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. A report on traffic accidents and a report on actual condition;

1. Photographss related to accidents;

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