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(영문) 의정부지방법원 2013.04.24 2013고정79
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 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 who is engaged in driving Bone Star vehicles.

On October 18, 2012, the Defendant was under the influence of alcohol around 07:00 on October 18, 2012, and was only a Class 2 ordinary car driver’s license, so the Defendant driving of the said vehicle, even though he was unable to drive the said vehicle, the Defendant driven the said vehicle at a speed not lower than 12-5 speed along the two-lanes of the road in front of 412-5, meltyangyang-dong, Yyangyang-dong, the two-lanes of the road in front of 412-5.

In such cases, a person engaged in driving of a motor vehicle shall accurately operate the steering system, brakes and other devices of the motor vehicle, shall not drive the motor vehicle at a speed or in such a manner as to inflict any danger and injury on others according to the traffic conditions of the road and the structure and performance of the motor vehicle, and has the duty of care to report the traffic situation well and to prevent accidents in advance by driving the motor vehicle safely.

Nevertheless, the defendant is negligent in doing so and is proceeding.

The victim C (the age of 62) who was getting off from the road was shocked by the front side of the defendant's vehicle.

Ultimately, due to the above accident, the victim suffered injury, such as the right-hand abandonment, which requires treatment for about six weeks.

2. Violation of the Road Traffic Act (non-license) and the Road Traffic Act (driving) as a driver who holds a Class 2 ordinary driver's license, the Defendant was driving 12 in the 12-person B knex vehicle under the influence of alcohol with approximately 0.067% alcohol concentration at the section of approximately 1.4km from the road near the 1.5-class 1st ordinary driver's license, which is possible at the government of the Gyeonggi City without a Class 1 driver's license, to the date and place of the accident as referred to in the above paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A traffic accident report (on-site survey report) and on-site map 1.

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