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(영문) 춘천지방법원 강릉지원 2016.09.21 2016고단965
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On April 27, 2016, the Defendant: (a) driven a DK-5 vehicle under the influence of alcohol leveling not less than 0.05%, without obtaining a driver’s license, on a section of about 200 meters from the 200-meter radius to the roads adjacent to the water basin near the Yancheon-dong in the East Sea, which is located in the Docheon-si, the East Sea; (b) around 22:25, 2016.

2. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a driver of DK5 car.

Defendant 1, without obtaining a driver’s license of the motor vehicle at the time of the day set forth in the above 1. paragraph (1) above, driven the front road in the East Sea B in the direction of alcohol level of not less than 0.05%, along two-lanes from the luxal Sea to the luxal.

At the same time, there was a motor vehicle which has been placed on the road A, so in such a case, the driver had a duty of care to prevent accidents in advance by properly manipulating the steering direction and the steering system.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent and stopped on the two-lanes of the Victim E(40) driving due to the negligence of neglecting it, received the back part of the Defendant’s driver’s car in front of the Defendant’s car.

Defendant 2 suffered injury to the victim, such as salt dynasium, tension, etc. in need of approximately two weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A report on the occurrence of a traffic accident, a survey report on actual condition and a statement on the circumstances of the driver concerned;

1. The driver's license ledger;

1. 112 A list of reported cases;

1. Each investigation report (related to the specification of accident hours, etc. and alcohol concentration in the blood);

1. Photographss related to each traffic accident;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Violation of the relevant provisions of the Act and the traffic laws as stated in the judgment of the choice of punishment against criminal facts: Article 148-2 (2) of the Road Traffic Act;

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