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(영문) 대구지방법원 김천지원 2016.03.31 2015고단1625
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six months.

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

The defendant is a person who is engaged in driving a B-learning car.

On November 15, 2015, the Defendant driven the said car under the influence of 0.119% alcohol while under the influence of alcohol during blood, without obtaining a driver’s license on November 15, 2015, and led to the driving of the said car at a speed of about 70km from the Gumyeong-dong to D at a speed of about 70km in speed.

At the time, night and the width of the road was narrow and narrow and the width of the road was one-lane road. In such a case, there was a duty of care to prevent accidents in advance by safely driving the vehicle by driving the steering wheel and operating the steering system accurately.

However, the Defendant, while under the influence of alcohol, neglected to operate the steering gear and brakes accurately and did not operate the steering gear and brakes, caused the Defendant’s injury to the victim E (30 years old) who was on the front of the Defendant’s passenger car operation and was on board the front of the Defendant’s passenger car operation on the front of the Defendant’s passenger car operation, by taking approximately two weeks of medical treatment, including a string of double wall, and the victim FF (33 years old) who was on board the Defendant’s back seat of the car to undergo approximately 12 weeks of medical treatment.

Accordingly, the defendant driving a motor vehicle, resulting in an injury to the victims due to the above occupational negligence, and driving a motor vehicle while under the influence of alcohol without obtaining a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual survey report and on-site photographs;

1. A report on the detection of a primary driver;

1. Each written diagnosis;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to each investigation report (to hear statements of victims E and to hear statements of victimsF);

1. Relevant legal provisions concerning criminal facts;

(a) Points on duties and duties: Article 3(1), the proviso to Article 3(2), Article 3(2)7 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act;

(b) The point of drinking:

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