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(영문) 부산지방법원 2013.05.14 2012고단686

교통사고처리특례법위반등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On December 8, 201, the Defendant violated the Act on Special Cases concerning the Settlement of Traffic Accidents, the Road Traffic Act, and the Road Traffic Act: (a) as a person engaged in driving of 125CC Atoba, the Defendant: (b) driven the above Orba while under the influence of 01:50% of blood alcohol level around 01:0 on December 8, 201; and (c) was driving the said Orba in front of the peace hall located in the Sobadong-gu Busan Fung-gu, the center line was invaded by the center; and (d) driven by the Victim C (V, 39 years of age) driven by the victim C, who driven the above Orbaba in front of the above Orbaba, thereby causing about three-day medical treatment to the victim, and at the same time, damaged the said car in excess of KRW 3,08,476.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act: (a) operated the foregoing Bab B, which was not covered by mandatory insurance at the time and place.

Summary of Evidence

1. Examination protocol of the accused by prosecution;

1. The police statement of C and E;

1. A traffic accident report;

1. A report on detection of a host driver;

1. A written diagnosis and written estimate;

1. Application of Acts and subordinate statutes to investigation reports (which must not fall under a certificate of insurance coverage);

1. Article 3(1), the proviso to Article 3(2)2 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, subparagraph 1 of Article 148-2 and Article 44(1) of the former Road Traffic Act (amended by Act No. 10790, Jun. 8, 201); Article 151 of the Road Traffic Act; Article 46(2)2 and Article 8 of the Guarantee of Automobile Accident Compensation Act (amended by Act No. 10790, Jun. 8, 201);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes ( mutually between a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and a violation of the Road Traffic Act);

1. Determination of imprisonment without prison labor for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents by Selection of Sentence, the Road Traffic Act, and the Guarantee of Automobile Accident Compensation Act;

1. Article 37 of the Criminal Code among concurrent crimes.