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(영문) 창원지방법원 진주지원 2016.07.13 2016고단358
교통사고처리특례법위반등
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

On February 12, 2015, the Defendant was issued a summary order of KRW 6 million for a crime of violating the Road Traffic Act (drinking driving) in the Changwon District Court's Jinju branch on February 12, 2015, and a summary order of KRW 8 million for the same crime in the same court on November 16, 2015.

The Defendant is a person who is engaged in driving a set of automobiles B.

1. On November 18, 2015, the Defendant driven the said vehicle under the influence of alcohol content of 0.142% in the blood without the driver’s license, while driving the said vehicle under the influence of alcohol with about 4 km up to 447 meters in front of the apartment of the Yacheon-si, Sacheon-si, Sacheon-si, Sacheon-si, Sacheon-si, Sacheon-do.

2. On November 18, 2015, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”) operated one lane from the boundary of the Sacheon Art Center to the sangcheon-si, Sacheon-do, Samcheon-do, 47, the two lanes.

In the event that a person engaged in driving service had a duty of care to operate safely by accurately operating the brakes and steering gear, the Defendant was breathed to the right side of the vehicle without a driver's license when the driver was negligent in driving without a driver's license while under influence of 0.142% of alcohol in blood.

After all, the Defendant suffered injury, such as the mouth of the upper body spel in which the number of days of treatment cannot be known, from the victim C (V, 70 years of age) who was accompanied by the above occupational negligence.

3. The Defendant violated the Automobile Damage Compensation Act operated the said automobile which was not covered by mandatory insurance at the time and place mentioned in the foregoing paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Investigative into the occurrence of a traffic accident, the report of a traffic accident, the notification of the results of the control of drinking driving, the circumstantial statement of the driver at drinking, the inquiry into the results of crackdown on drinking driving, the ledger of driver's licenses, and the mandatory insurance;

1. A medical certificate;

1. A previous convictions in its ruling: Application of a reply to inquiries, such as criminal history, (A) and a summary order;

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