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(영문) 춘천지방법원 2015.11.19 2015고단915
교통사고처리특례법위반등
Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

On December 2, 2014, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act, and KRW 3 million as a fine in the same court on January 30, 2015.

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

On July 14, 2015, at around 19:30, the Defendant, while driving the said vehicle with a blood alcohol concentration of 0.117% without a driver’s license on July 14, 2015, while driving the said vehicle, and driving the two-lane road in front of a master’s degree apartment, master’s degree apartment, bus stops in front of the passenger bus stops in Chuncheon City along a two-lane distance from the district court of Chuncheon to the master’s length distance, and driving the two-lane, the Defendant was behind the victim C(73 years of age)’s driving in the same direction. Accordingly, the Defendant was obliged to take a duty of care to ensure safety distance that would be avoided when the said taxi stops.

Nevertheless, the Defendant neglected to stop in front of the taxi while under the influence of alcohol and failed to secure the safety distance by negligence, found that the above taxi stops for passengers' getting off of the taxi and immediately operated the taxi. However, the Defendant did not avoid the vehicle and did not fit the back part of the above taxi.

As a result, the Defendant suffered injury to the victim, such as catum dye, requiring approximately two weeks of medical treatment by occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. On-site map and on-site photograph;

1. The actual condition survey report;

1. A report on detection of a host driver;

1. A written statement to be prepared;

1. A written diagnosis for C;

1. The ledger of driver's licenses on the accused;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

1. Article 3(1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2(1)1 of the Road Traffic Act, and Article 44(1) of the Road Traffic Act concerning criminal facts (the point of sound driving).

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