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(영문) 부산지방법원 2020.02.05 2019고단6034

교통사고처리특례법위반(치상)등

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A defendant shall be punished by imprisonment for not less than one year and 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. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) is a person engaging in driving a two-wheeled vehicle without registration (124C).

Around 05:55 on November 17, 2019, the Defendant driven the above two-wheeled vehicle, which led to the driving of the front road in Busan Jin-gu to the Busan U.S. Busan U.S. P. P. P. P. The Defendant was driving on the front road of Busan Jin-gu.

At the same time, there are many pedestrians at night in the densely densely-populated commercial areas. In such a case, the driver of the motor vehicle has a duty of care to properly see the front and rear left, and to accurately manipulate the steering system of the motor vehicle and prevent the accident from occurring.

Nevertheless, the Defendant was under the influence of alcohol content 0.112% at the same time, and was negligent in failing to obtain a motorcycle driver’s license, and received the victim C (M, 25 years of age) and the victim D (M, 25 years of age) who walked in the neighboring building of the Mamarine in front of the said two-wheeled automobile.

Ultimately, the Defendant suffered, by negligence in the above business, the injury to the victim C, such as salt, tension, etc. in the part of the elbow part, which requires approximately three weeks of medical treatment, and the injury to the victim D, such as salt, tension, etc. in need of medical treatment for about two weeks.

2. Around 05:55 on November 17, 2019, the Defendant was under the influence of alcohol at a section of about 450 meters from the Busan Jin-gu to the place indicated in the foregoing paragraph (1) of the Road Traffic Act, and at the same time, the Defendant was under the influence of alcohol at a section of about 0.12% from the section of about 450 meters to the place indicated in the foregoing paragraph (1) of the Road Traffic Act, and at the same time, driven a non-registered Vietnam motor bicycle (124cc.) without registration.

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

Nevertheless, the defendant's above 2.