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(영문) 대구지방법원 상주지원 2016.11.15 2016고단390
교통사고처리특례법위반등
Text

1. The defendant shall be punished by imprisonment for eight months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

1. The defendant is in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury).

On July 27, 2016, the Defendant, without obtaining a driver's license at around 19:10 on July 27, 2016, driven the above cargo vehicle under the influence of alcohol level of 0.134%, and proceeded with the intersection of the mountain distance in the Yancheon-gun, Yancheon-gun, U.S., Gyeongcheon-gun, U.S., in the face of the air unit.

At this point, there is a one-lane in the center near a three-lane, in which traffic control is not performed, so there was a duty of care to safely operate the operation of a motor vehicle by accurately manipulating the front left and the steering gear of the motor vehicle.

Nevertheless, the Defendant neglected to do so and did not look at the front side while driving without a license or drinking condition, and did not proceed with the front side of the Defendant’s driving vehicle by negligence, which led to the lower side part of the victim’s driving vehicle C(the age of 41) driving.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of medical treatment for about three weeks due to the above occupational negligence.

2. The suspect of violation of the Road Traffic Act and the Road Traffic Act (free license) were driving the said vehicle without a driver's license at the same time and at the same place as stated in the above paragraph (1) as the blood alcohol concentration of 0.134%.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to reports on the occurrence of traffic accidents, reports on traffic accidents, photographs on site of accidents, photographs of suspected vehicles taken by CCTV, register of driver's license, diagnosis certificates, each investigation report, and reports on the prime driver's license;

1. Relevant Article 148-2 (2) 2 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving);

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