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(영문) 부산지방법원 2015.05.26 2015고단1363
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 23, 2015, the Defendant was sentenced to 8 months of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective crime, a deadly weapon, etc.) and 2 years of suspended execution in the Incheon District Court, and such judgment became final and conclusive on May 1, 2015.

1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person engaging in driving a BMW car.

On February 13, 2015, at around 12:30, the Defendant driven the said vehicle with a blood alcohol concentration of 0.115% without a driver’s license, and moved the two-lane road in front of the “D” located in Busan Sho-gu C into the air conditioners in the air conditioners.

In this case, the defendant engaged in driving of the motor vehicle has a duty of care to safely drive the motor vehicle by taking into account the front side and the left side.

Nevertheless, under the influence of alcohol, the Defendant was negligent in neglecting the duty of the front line, and the lower part of the Farburged passenger vehicle driven by E, which was driven by the Defendant on the road where the Defendant was at the right-hand bypass, was driven by the Defendant.

The Defendant suffered from the injury to the victim G (V, 69 years of age) who was on the back of the passenger vehicle with the foregoing occupational negligence, such as light salt, which requires approximately two weeks of medical treatment.

2. Violation of the Road Traffic Act and the Road Traffic Act (Unlicensed Driving) were operated by the Defendant at the time and place specified in the preceding paragraph, while under the influence of alcohol of 0.115% by blood alcohol concentration without a vehicle driver’s license, for approximately 2 km from the front side of the restaurant “Tcheon Packing Schrob,” located in the Busan Slock-dong trib, Busan, to the site of the accident described in the preceding paragraph.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the occurrence of each traffic accident under E and A;

1. A medical certificate;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. The details of the disposition to revoke a driver's license, the grounds for disqualification of the main office, and the register of driver's licenses;

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