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(영문) 의정부지방법원 2013.11.27 2012고단903
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became 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 drives a motor vehicle by obtaining a franchise.

At around 05:37 November 27, 201, the Defendant came to proceed in the direction of pocheon from the Seoul bank, along with the two lanes of the two-lane road in front of the 690-lane Don-ri, Jyang-si, Namyang-si.

In the event that a person engaged in driving business has no driver's license or is likely to be unable to drive normally due to the influence of drinking, the driver has a duty of care to not drive the vehicle.

Nevertheless, the Defendant neglected this, while driving a motor vehicle under the influence of alcohol while the driver’s license was suspended, and caused the damage to the left-hand side of the motor vehicle by the victim D (the age of 45) who was driving prior to the same direction while changing the vehicle from the two-lane to the one-lane.

As a result, the Defendant suffered, by negligence on the part of the above, the injury to the climatic salt, etc. in need of two weeks of treatment, the injury to the climatic salt, etc. in need of two weeks of treatment to the climatic salt, etc., and the injury to the climatic salt, etc. in need of two weeks of treatment to the climatic G (58 years of age).

2. The Defendant violated the Road Traffic Act (driving) and the Road Traffic Act (driving without a license) at the temporary border of Dobong-gu Seoul Metropolitan Government, the driver’s license was suspended at the section of about 20 km from the above accident site to the above accident site, and the Defendant driven the said vehicle while under the influence of alcohol with the blood alcohol concentration of 0.208%.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Written statements prepared in D;

1. The actual survey report on traffic accidents;

1. An accident vehicle photograph;

1. Medical certificate (D, F, G);

1. Requests for appraisal;

1. License register;

1. Application of the statutes on the disposition of driver license;

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Article 3(1) of the Act on Special Cases concerning the Conduct of Traffic Accidents.

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