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(영문) 창원지방법원 통영지원 2013.11.26 2013고단803
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 of the final judgment.

Reasons

Punishment of the crime

On April 2, 2010, the Defendant was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act (driving) in the Changwon District Court’s branch on April 2, 201, and on August 27, 2009, the Defendant was sentenced to a summary order of 1.5 million won by the same court on August 27, 2009.

1. Around 20:50 on August 24, 2013, the Defendant driven a motor bicycle with approximately 0.181% of the blood alcohol concentration in the section of 2km from around the roads near the 2km-dong in the city of the Singue-si, the Defendant, without obtaining a motorcycle driver’s license, in a state of alcohol alcohol concentration of about 0.181% in the direction of the road in the city of the Singue-dong.

2. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in driving C Nene 124 cc Orala.

On August 24, 2013, the Defendant, without obtaining a license for a motorcycle on August 24, 2013, driven the above vehicle while under the influence of 0.181% of alcohol concentration, and driven the vehicle along the two-lane road in front of the Johnnam-dong in the Asia-si in a macroscopic city, along the two-lanes of the two-lane distance from the surface of the Aju tunnel to the scoppon.

Since the vehicle is behind the vehicle in the same direction as at the time, the person engaged in driving service has a duty of care to properly see the same situation of the vehicle and to ensure sufficient safety distance to prevent the accident from spreading.

Nevertheless, the Defendant, while under the influence of alcohol, proceeded as it is while driving, was found late to find out that the E-bomben car driven by the victim D (W, 35 years old) who is in the atmosphere of the Defendant, is in the atmosphere of the signal, and operated rapidly, but the Defendant was slicked, leading up to the front part of the Defendant's Obane, and led up to the lower part of the victim's car.

Ultimately, the Defendant’s occupational negligence requires approximately three weeks of treatment to the victim.

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