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(영문) 대전지방법원 서산지원 2014.11.21 2014고단871
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for one year.

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

[criminal power] On June 25, 2009, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) at the Seosan Branch of the Daejeon District Court on August 25, 2009, a fine of KRW 3 million for a violation of the Road Traffic Act (driving) at the same court on August 8, 2012, and a fine of KRW 7 million for a violation of the Road Traffic Act (driving) at the same court on October 25, 2013.

【Criminal Facts】

1. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person engaging in driving a vehicle with the next presses presses.

On September 9, 2014, around 03:25, the Defendant was driving the said car while under the influence of alcohol concentration of 0.085% without obtaining a driver’s license for nearby roads along the Yellow Sea of Seosan-si, Seosan-si, Seonam-si, Seosan-si.

The location had a duty of care to check and proceed with the safety of the traffic situation of the intersection by temporarily suspending or slowly driving a motor vehicle by driving a motor vehicle through a private distance intersection in which yellow on-and-off signal is operated.

Nevertheless, the Defendant, while under the influence of alcohol without a driver's license, failed to perform the above duty of care and proceeded with the above intersection by negligence, and the victim C (18 years old) who was driving on the left-hand side from the right-hand side of the driving direction of the Defendant, did not avoid the DNA car.

In the end, the Defendant suffered injury to the victim, such as cerebral alky, which is not known in detail that needs to be treated for about 15 days.

2. On September 9, 2014, the Defendant violated the Road Traffic Act (Driving without a license) and the Road Traffic Act (driving without a license) and the Defendant is under the influence of alcohol with approximately 1km alcohol content of about 0.085% while under the influence of alcohol without obtaining a driver’s license for a vehicle at approximately 0.085% in the vicinity of the said accident site on the roads adjacent to the Dong-dong, Seosan-si, Seog-si, Seog-si, Busan Metropolitan City, the said accident site.

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