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(영문) 대전지방법원 서산지원 2015.01.29 2014고단18
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

1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving a three-dimensional vehicle.

On December 11, 2013, at around 16:35, the Defendant driven the vehicle volume under the influence of alcohol content 0.109% while driving the vehicle under the influence of alcohol level 0.109% in the condition that the driver’s license was suspended due to the discharge from the full tide.

Since there is a place where the center line of the yellow-ray is installed, the Defendant neglected to perform his duty of care to drive the vehicle to the driver of the vehicle while under the influence of alcohol while neglecting the duty to drive the vehicle to the left side of the Defendant’s driver’s vehicle, and caused the Plaintiff F.(31) of the Victim F.(31) who was mad in the opposite side to the upper left side of the Defendant’s driver’s vehicle to the left side of the vehicle.

As a result, the Defendant suffered bodily injury, such as finite finites, etc., requiring approximately two weeks of medical treatment to the victim H(66 years of age) who was accompanied by the victim F and the victim’s vehicle.

2. On November 25, 2009, the Defendant in violation of the Road Traffic Act was sentenced to a fine of one million won for the crime of violating the Road Traffic Act in the Daejeon District Court’s jurisdiction over the Incheon District Court on November 22, 2013, and was sentenced to a fine of two million won for the crime of violating the Road Traffic Act at Incheon District Court on November 22, 2013.

On December 11, 2013, at around 16:30, the Defendant driven the said Clue vehicle under the influence of alcohol content 0.109% under the influence of alcohol driving license, while driving the said Clue vehicle at about 1 km in front of the road located in D from Yanan-gun, Chungcheongnam-gun, Chungcheongnam-do.

Accordingly, the defendant, while driving a motor vehicle under the suspension of the validity of the driver's license, was in violation of the duty not to drive a motor vehicle more than twice, and was under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A traffic accident report (on-site survey report) and an employer;

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