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(영문) 창원지방법원 통영지원 2014.07.18 2014고단421
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 3,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person engaged in driving a B-to-pur vehicle.

On March 17, 2014, the Defendant, without a driver’s license on March 17, 2014, driven the above vehicle while under the influence of alcohol of 0.151%, and proceeded at a speed of about 60 km in speed from the two-lanes of letter to the front road of the gas filling station at the eropode in the eropo-dong at the eropode.g., the two-lanes of letter.

In this case, a person engaged in driving service has a duty of care to reduce speed, properly look at the front left well, and accurately operate the steering and brake system, and to safely drive it.

Nevertheless, the Defendant neglected this and stopped the victim C (the 44-year-old driver) who stopped prior to the same discharge due to negligence while under the influence of alcohol as it was, and received the rearer of the victim C(the 44-year-old driver) driving.

In the above occupational negligence of the defendant, the victim suffered injuries such as salt, tensions, etc. in a brush which requires approximately two weeks of treatment.

2. At around 07:40 on the same day, the Defendant driving a vehicle with approximately 7 km section from the cultural building in the city of Gyeongpo-dong to the date, time, and place indicated in the preceding paragraph, without a vehicle driver’s license, while under the influence of alcohol 0.151% of the blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Report on detection of drivers and the register of driver's licenses;

1. The actual survey report and photographs related to traffic accidents;

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

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, Article 148-2(2)2 and Article 44(1) of the Road Traffic Act, Article 152 subparag. 1 and Article 43 of the Road Traffic Act concerning criminal facts without obtaining a license.

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