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(영문) 수원지방법원 2019.06.20 2018고단6501
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

around 18:45 on October 30, 2018, the Defendant driven a low-speed car under the influence of alcohol content of 0.205% at the section of approximately 500 meters from the Do in front of the “C” located in Heung-gu, Young-gu, Young-si to D apartment at about 18:45 on October 30, 201.

The Defendant is a person who is engaged in driving of a motor vehicle with a high-priced motor vehicle in E.S.

On January 25, 2019, the Defendant driven the said car without obtaining a driver's license at around 07:30 on January 25, 2019, and led to turn to the left from the port of Mapo-gu to the port of Chungcheongnam-gu Police Station.

Since there is a cross-section where signal lights are installed, there was a duty of care to prevent accidents in advance by proceeding safely to a person engaged in driving of a motor vehicle in accordance with the signals.

Nevertheless, even though the electric-line signal was replaced by yellow light, it was neglected to proceed in violation of the signal, and the victim F (F, South and 38 years old) who was proceeding with the straight-line signal from the side of the correction station to the north-west-dong, was driven by the victim F (F, South and 38 years old) who was driving, the front-way driver in front of the driving seat of the said vehicle.

Ultimately, the Defendant suffered injury to the victim, such as fluoral salt, tension, etc., for about three weeks of medical treatment by occupational negligence as above.

Summary of Evidence

"2018 Highest 6501"

1. Defendant's legal statement;

1. Notification of the results of the drinking-driving Control: "2019 Highest 1444";

1. Defendant's legal statement;

1. A statement of the occurrence of a traffic accident of F;

1. A traffic accident report;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Articles 148-2 (2) 1, 44 (1) of the Road Traffic Act (the point of sound driving, the choice of imprisonment), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (the point of without a license driving, the choice of imprisonment), Article 3 (1), the proviso to Article 3 (2) 1, and 7 of the Act on Special Cases Concerning the Settlement of Traffic Accidents;

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