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(영문) 부산지방법원 2015.10.21 2015고단5379

교통사고처리특례법위반등

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A defendant shall be punished by imprisonment for not less than three months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 25, 2015, at around 01:03, the Defendant driven a GTS 125c crez, which was under the influence of alcohol with a 0.103% alcohol concentration from the 1km section from the front of the department store in Jung-gu, Busan to the front of the Busan Young-do, Young-gu, Busan, the GTS 125crez, which was under the influence of alcohol with a 0.103% alcohol concentration.

2. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person engaged in driving GTS 125cc Booths, without a license plate.

The Defendant, at the time and place specified in the foregoing paragraph (1), driven an Oral Ba while under the influence of alcohol with 0.103% of alcohol concentration, and led the first line of the Busan Young-gu Young-gu, Busan to proceed from the direction of the transportation third-distance distance on the side of health.

At the time of night, there was a duty of care to prevent accidents by accurately manipulating the steering gear, brakes, and other devices of the driver, who is engaged in driving of the motor vehicle.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to operate the steering gear accurately, caused the error on the part of the defendant's driving by negligence, to shock the utility pole on the right side of the road.

As a result, the Defendant suffered from the injury of the victim B (the age of 25) who was on the back of the above Oral Ocean due to the above occupational negligence, such as a fluoral fladation of the left-hand fladal in need of treatment between approximately 12 weeks.

3. No person who violates the Guarantee of Automobile Accident Compensation Act shall drive any motor vehicle on a road which is not covered by mandatory insurance;

Nevertheless, the Defendant driven the GTS 125C Orala, which was not covered by mandatory insurance at the time and place mentioned in the above paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1.B Preparation.