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(영문) 청주지방법원 2018.11.21 2018고단308
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On May 19, 2017, the Defendant was sentenced to a fine of two million won as a crime of violating the Road Traffic Act (driving) at the Cheongju District Court on May 19, 2017, and a fine of one million won as a crime of violating the Road Traffic Act (driving without a license) at the same court on September 29, 2017.

2. Criminal facts;

A. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving of a vehicle with C investment vehicle.

On February 9, 2018, the Defendant, without obtaining a driver's license of a motor vehicle on February 22 and 50, 2018, followed the vehicle parked on the front of the apartment restaurant D located in the Cheongju-si Office with the alcohol content of 0.121% under the influence of alcohol in the blood. The Defendant followed the vehicle parked on the front side with the home fluoring room in the Cheongju-si Office.

In such cases, the defendant engaged in driving of a motor vehicle shall not drive a motor vehicle without obtaining a driver's license, shall not drive a motor vehicle in a state where normal driving is difficult due to influence of drinking, and there was a duty of care to accurately operate the steering gear and brake system of the motor vehicle and to safely drive the motor vehicle and prevent the accident by safely driving it.

Nevertheless, the Defendant did not obtain a driver's license and did not accurately operate the rear city and brake system under the influence of alcohol while it is difficult for the Defendant to drive a motor vehicle. However, the Defendant was faced with the front part of the Victim F (23 Do)'s GM5 car which was stopped in the front side of the vehicle of the Defendant at the time when the Defendant was faced with the front part of the said vehicle, and suffered injury to the victim, such as the dump dump for about two weeks in need of medical treatment.

B. On February 9, 2018, the Defendant violated the Road Traffic Act (drinking) and the Road Traffic Act (drawing without a license) from the roads near H located in the Gu at the Cheongju-si, under the influence of alcohol content of 0.121% in blood without a driver’s license on February 22, 2018.

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