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(영문) 의정부지방법원 고양지원 2013.05.16 2013고단116
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

On May 16, 201, the Defendant received a summary order of a fine of three million won due to a violation of the Road Traffic Act (driving) from the Jung-gu District Court's Goyang branch on May 16, 201, and on March 30, 201, the same court received a summary order of a fine of six million won due to a violation of the Road Traffic Act (driving).

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

On December 28, 2012, the Defendant, without a driver’s license on December 16, 2012, while driving the said vehicle under the influence of alcohol of 0.153% without a driver’s license, and driving the said vehicle on a two-lane road in front of the Hyundai Mil Bank in the Yellow-gu, Busan Metropolitan City.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle by taking into account the front left.

Nevertheless, in order to make a left-hand turn without neglecting this, the Defendant did not regard the victim C (Nam, 18 years old) driving with a one-lane due to the occupational negligence of changing the vehicle as a one-lane, and received the above part adjacent to the front side of the said vehicle, without regard to the victim C (Seoul and 18 years old) driving.

Ultimately, the Defendant suffered injury to the victim, such as salt dynasium, which requires approximately three weeks of treatment, due to such occupational negligence.

2. Violation of the Road Traffic Act (driving) and the Road Traffic Act (Driving without a license) were driven by the Defendant under the preceding paragraph while under the influence of alcohol with a blood alcohol concentration of 0.153% without a vehicle driver’s license from the Defendant’s wife south-gu office in Yongsan-gu, Busan at the time of the preceding navigation at the high altitude.

Accordingly, even though the drinking power has been twice or more, the Defendant was driving under the influence of alcohol as above.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A medical certificate;

1. 1. A written report from an employer;

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