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(영문) 수원지방법원 평택지원 2013.05.09 2013고단380
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

On February 13, 2007, the Defendant was sentenced to a fine of 2.5 million won for a violation of the Road Traffic Act, etc. at the Suwon District Court’s Eunpyeong site on February 13, 2007, and was sentenced to a fine of 3 million won for a violation of the Road Traffic Act at the Suwon District Court on June 18, 2010.

1. Around 03:00 on February 26, 2013, the Defendant driven BM3 automobiles while under the influence of alcohol with approximately 500 meters alcohol concentration of at least 0.087% without obtaining a driver’s license, from the section of about 500 meters up to the front road of Pyeongtaek-si Station, in front of Pyeongtaek-si Station, in Pyeongtaek-si.

2. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person engaging in driving a vehicle of the above SM3.

On February 26, 2013, the Defendant driven the said car under the influence of alcohol level of 0.087% without obtaining a driver's license on February 26, 2013, and led to the driving of the said car at a speed of 70 km per hour depending on the length of the court as one-lane of the new stocks located in Pyeongtaek-si Pung-dong.

In this case, the location has a crosssection in the front line, and in that case, the driver had a duty of care to properly see the front line and the right and the right and the right of the driver and to prevent the accident from occurring in the middle line.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to do so and was negligent in driving at the end of the mash, brought about the right side of the victim C driver's Category II cargo, which was parked in accordance with the new subparagraph, and brought down the part of the driver's vehicle in front of the Defendant's driver's vehicle.

Ultimately, the Defendant suffered injury to the above victim by occupational negligence, such as fluoral salt, which requires approximately three weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual survey report and the report on occurrence of traffic accidents;

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