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(영문) 대전지방법원 서산지원 2020.01.16 2019고단723
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On March 29, 2013, the Defendant was sentenced to a suspended sentence of two years for a period of ten-month by imprisonment with labor for a violation of the Road Traffic Act in the Seosan Branch of the Daejeon District Court.

【Criminal Facts】

1. From around 12:30 on April 3, 2019, the Defendant driven a vehicle from the front of a restaurant in Seosan-si B to the front of the same city, Seosan-si without obtaining a driver’s license, while under the influence of alcohol by 0.133% of alcohol level, the Defendant driven a vehicle from E-A-hurged without obtaining a driver’s license at the 1km section from the front of a restaurant in Seosan-si B to the front of the same city.

2. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) by the Defendant is a person engaged in driving a motor vehicle with a half-hurged

On April 3, 2019, at around 12:30, the Defendant, without obtaining a driver's license as above, driven the said car as his duties while under the influence of 0.13% of blood alcohol level, and driven the two-lane road in front of the Seogsan City along the two-lane radius from the Jeju Jeju Jeju Island.

At the time, the passenger car driven by the injured FF (the 38-year-old) was stopped in order to ensure the signal atmosphere, so in such a case, the driver had a duty of care to look at the front and right right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the prevent the accident by accurately manipulating

Nevertheless, under the influence of alcohol, the Defendant neglected to do so and was negligent in proceeding and received the back part of the passenger vehicle in front of the passenger vehicle of the Defendant.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. of the bones, which requires approximately two weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition of traffic accidents;

1. A report on the occurrence of traffic accidents;

1. A manual for measuring drinking alcohol;

1. Notification of the result of the drinking driving control;

1. Exemplary drivers;

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