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(영문) 수원지방법원 2019.09.19 2019고단1120
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

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

On March 2, 2019, the Defendant, without obtaining a driver's license on March 2, 2019, driven the said vehicle with a blood alcohol concentration of 0.064% and changed the lane while driving the said vehicle at a speed of 0.064%, which led to a change of the lane in which it is impossible to identify the five-lane road in the Young-gu, Young-gu, Gyeonggi-gu, Gyeonggi-do, as it is about four-lanes.

In this case, there was a duty of care to change the lanes to prevent interference with the passage of other automobiles by keeping the rear and left and right of the driver of the vehicle well.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving in four lanes to five lanes, and the Defendant was negligent in driving on the right side of the victim C(56 years old) who driven five lanes in front of the right part of the above SPP car.

In the end, the Defendant driving a motor vehicle without obtaining a driver's license, and suffered injury to the victim, such as salt, tension, etc. in the chill that requires approximately two weeks of treatment by negligence in the course of business as above.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A medical certificate;

1. The actual survey report on traffic accidents;

1. Application of the circumstantial statement of a driver and the Acts and subordinate statutes to the ledger of driver's licenses;

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, subparagraph 1 of Article 152, Article 43 of the Road Traffic Act, Article 148-2 (2) 3 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018) concerning criminal facts;

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

1. As to the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents at the option of punishment, imprisonment without prison labor or a violation of the Road Traffic Act;

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