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(영문) 대구지방법원 안동지원 2017.05.16 2016고단386

교통사고처리특례법위반등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Criminal facts

The defendant is a person who is engaged in driving a vehicle BM520 that is not covered by mandatory insurance.

On March 26, 2016, the Defendant driven the above car on March 26, 2016, and driven it at around 08:08, while under the influence of alcohol, 0.122% of alcohol during blood, the Defendant continued to drive the front road of the city temperature building in front of the 367 Si temperature building, as he was under the influence of influence of 0.12% during blood, toward the string distance from the runway.

In such cases, the driver has a duty of care to maintain the safety distance with the vehicle ahead and to safely drive the vehicle while keeping the front.

However, the Defendant was under the influence of alcohol and proceeded ahead of it in the same lane by negligence while neglecting it, and was driven by the victim C(23 tax) who was in U.S., the part of the driver’s seat of the EEX car owned by the victim D, which was driven by the U.S., was in the front right part of the said SM520 car.

Ultimately, the Defendant caused injury to the victim, such as salt, tension, etc., in need of approximately two weeks of medical treatment due to the above occupational negligence, and at the same time damaged the EXE car by KRW 1,250,238 of its repair cost.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A survey report on actual conditions;

1. Notice of the result of crackdown on driving drinking;

1. Mandatory insurance certificate;

1. A written diagnosis and written estimate;

1. Application of Acts and subordinate statutes on site photographs;

1. Article 3(1) and the proviso to Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2(2)2 and Article 44(1) of the Road Traffic Act, Article 151 of the Road Traffic Act, Article 46(2)2 and the main sentence of Article 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts;

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (the crime of violating the Act on Special Cases Concerning the Settlement of Traffic Accidents and the crime of violating the Road Traffic Act due to the damage of occupational property, and the punishment is heavier.