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(영문) 수원지방법원 2014.03.19 2013고단7177
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

1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person engaged in driving a Bbee or a passenger car.

On November 23, 2013, the Defendant driven the above vehicle while under the influence of 0.065% of blood alcohol concentration without obtaining a driver’s license at around 01:45 on November 23, 2013, and turned down the telescope in front of 317 U.S. Young-gu, Young-gu, Suwon-gu, Suwon University at a speed of about 60km in speed from the water station to the water station at the speed of about 60km.

Since there is a road where a central line is installed, there was a duty of care to ensure that a person engaged in driving of a motor vehicle has a duty of care to properly drive the motor vehicle and prevent accidents.

Nevertheless, the Defendant neglected this and driven the center line while under the influence of alcohol without obtaining a driver’s license, and was negligent in driving the center line in the opposite lane, and received the front part of the D-si operated by C in the opposite lane as the front part of the Defendant’s vehicle.

Ultimately, the Defendant suffered injury to the victim E (the age of 32) who was accompanied by the Defendant’s occupational negligence as above, for approximately three weeks of medical treatment.

2. On November 23, 2013, at around 01:45, the Defendant driven Bbee or car while under influence of alcohol with a blood alcohol concentration of about 0.065% without obtaining a driver’s license at the section of about 2km from the head office on the part of the Young-gu Tong-gu, Young-gu, Suwon-si to the front network distance of about 317, and the Defendant driven Bbee or car with a blood alcohol concentration of 0.065%.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report (1), (2);

1. Each written statement of F, G, C, and E;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. A written diagnosis of E;

1. Application of the statutes on the register of driver's licenses;

1. Article 3(1), the proviso to Article 3(2)2, 7, and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2(2) of the Road Traffic Act concerning criminal facts;

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