beta
(영문) 창원지방법원 마산지원 2015.03.31 2015고단152

교통사고처리특례법위반등

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On August 27, 2012, the Defendant received a summary order of KRW 4 million for a crime of violating the Road Traffic Act, and a summary order of KRW 5 million for the same crime from the same support on October 17, 2014.

1. On December 1, 2014, at around 17:58, the Defendant was driving a B Scctra car without obtaining a driving license under the influence of alcohol level of about 0.119% from a section of about 1km to the first apartment of about 1km located in the same Ri, from the front of a cafeteria in front of a mutually influent restaurant at the window of Changwon-si, Changwon-si, Seoul Special Metropolitan City to the front of the first apartment in front of the same Ri.

2. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”) led to the proceeding of one-lane road along the distance from the corner of the valley at the time and place indicated in paragraph 1.

Since there is a house where people's passage is frequent, there was a duty of care to prevent accidents by checking whether a person engaged in driving service is a pedestrian's passage.

Nevertheless, as described in Paragraph 1, the defendant was the victim C (A, 44 years old) who was crossing from the right-hand side of the vehicle that the defendant drives by negligence while driving without a license due to the influence of alcohol, to the left-hand side of the vehicle.

As a result, the Defendant suffered injury to the victim, such as the fever of approximately eight weeks, which is the right-hand part of the need for treatment, due to such occupational negligence.

3. Any person who intends to drive any motor vehicle in violation of the Guarantee of Automobile Accident Compensation Act shall subscribe to the mandatory insurance bearing the responsibility for paying a certain amount to the victims in the event that any other person dies or is injured due to the operation of the motor vehicle, and shall not drive any motor vehicle which is not covered by

Nevertheless, the defendant does not subscribe to mandatory insurance, as stated in paragraph (1).