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(영문) 창원지방법원 통영지원 2016.02.24 2015고단1121
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

Criminal facts

[criminal history] On October 17, 2013, the Defendant was issued a summary order of KRW 4 million as a fine for a violation of road traffic law at the Changwon District Court’s branch on the grounds of a violation of road traffic law, and two million won as a fine in the Daegu District Court’s Kimcheon support on June 5, 2008.

[Criminal facts]

1. On October 13, 2015, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”), driving a C-wing and C-III truck around 23:10 on October 13, 2015, and, at the same time, came to go through the intersection of the distance in front of the second apartment complex at the high tide.

At the time, since the above intersection was installed at night and the signal was installed, there was a duty of care to drive safely in accordance with the good faith and care of the person engaged in driving service.

However, without obtaining a driver's license, the Defendant was due to the negligence in the course of business that entered the above intersection while under the influence of 0.193% alcohol level in blood, and caused the victim's ES5 car entering the intersection from the right side of the above cargo vehicle to the left side in accordance with the progress new line, and suffered injury, such as brain dust, which requires approximately three weeks of medical treatment, to the victim.

2. On October 13, 2015, the Defendant: (a) from around 23:05 to around 23:10, the Defendant: (b) driven a Cwing-III truck without obtaining a driver’s license while under the influence of alcohol with approximately 1km alcohol level of about 0.193% from the 1km section to the second apartment; (c) from around 23:10 to around 23:10, the Defendant was driving a Cwing-III truck without obtaining a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Statement of the circumstances of the driver involved and report on the detection thereof;

1. Registers of driver's licenses and inquiries about the disqualifications of the main office;

1. Medical certificates and opinions;

1. On-site photographs;

1. Before judgment:

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