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(영문) 창원지방법원 2017.06.08 2016고단4509

교통사고처리특례법위반(치상)등

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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 becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a vehicle B with the driver’s license for each vehicle.

On November 22, 2016, the Defendant driven the said car under the influence of alcohol content of 0.079% from blood transfusion around 20:00, while driving the said car at the window C of Changwon-si, 'D convenience store' in front of the building 'the intersection of private distance on the back side of the building 'the intersection of the building from the side of the non-school apartment bank.

Since there is no signal apparatus, the driver of a motor vehicle has a duty of care to look well at the situation of the street intersection and to prevent accidents by safely driving the motor vehicle in advance by safely driving the motor vehicle, such as reducing speed and checking whether there is another motor vehicle that intends to pass the intersection by the front side and the left side.

Nevertheless, under the influence of alcohol, the Defendant was negligent in proceeding along the intersection, and the part on the right side of the FSpo Road driven by the victim E (45 ) who passed the intersection from the left side of the running direction of the Defendant’s vehicle to the right side was driven by the Defendant’s vehicle.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of medical treatment for about two weeks due to the above occupational negligence.

2. On November 22, 2016, the Defendant was under the influence of alcohol concentration of 0.079% from blood transfusion around 20:00, the Defendant driven Bppon car at the front of the “D” road in front of the said “D” convenience store, with approximately 100 meters prior to the said “D” convenience store.

3. The defendant in violation of the Guarantee of Automobile Compensation for Damages shall not operate a motor vehicle on the road, which is owned by the owner of the above B, and which is not covered by mandatory insurance.

Nevertheless, the Defendant operated a car without mandatory insurance at the same time and place as Paragraph 2.

(i) the evidence;