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(영문) 청주지방법원 영동지원 2014.12.11 2014고단219
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for one year.

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

1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving of Category C cargo vehicles.

On October 3, 2014, the Defendant driven the foregoing cargo vehicle under the influence of 0.132% alcohol level without obtaining a driver's license on October 3, 2014, and led to the flow of the two-lane road in front of the West-gun, Young-dong, Chungcheongnam-gu, Chungcheongnam-do, Chungcheongnam-do, and the flow of the two-lane road from Kimcheon-do to Daejeon-do.

Since there is a center line of yellow-ray, there was a duty of care to ensure that a person engaged in driving service should thoroughly operate the entire city and safely in compliance with the tea.

Nevertheless, the Defendant, without obtaining a driver's license, was negligent in driving a motor vehicle while driving the motor vehicle at the center line due to negligence while neglecting to do so and driving the motor vehicle at the opposite lane, and received the part of the motor vehicle driving in front of the left-hand part of the motor vehicle driving by the victim D (In this case, 58 years old).

Ultimately, the Defendant suffered, by its occupational negligence, the injury to the victim D, such as dynasium, which requires approximately three weeks of treatment, such as distribution and synasium, from the victim F, who was on board the said dynas car along with the said dynas, for about three weeks of treatment.

2. On December 30, 2010, the Defendant received a summary order of two million won or more as a fine for a violation of the Road Traffic Act from the Youngju District Court’s Young-dong branch, and on August 21, 2014, from the Youngju District Court’s Young-dong branch, the summary order of three million won or more as a fine for a violation of the Road Traffic Act was issued.

The Defendant driven the Poter cargo while under the influence of alcohol 0.132% at the time and place specified in paragraph (1).

As a result, the defendant, who had driven a motor vehicle twice or more, driven a motor vehicle again under the influence of alcohol.

3. Violation of the Road Traffic Act (free License).

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