beta
(영문) 춘천지방법원 속초지원 2016.07.20 2016고단88

교통사고처리특례법위반등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The accused who violated the Act on Special Cases concerning the Settlement of Traffic Accidents, the Violation of the Road Traffic Act, and the Road Traffic Act are those who are engaged in driving B K7 cars;

On March 26, 2016, at around 22:50, the Defendant driven the said two-lanes of the two-lanes in front of the Suyang-gun, Yangyang-gun, Gangwon-do, under the influence of alcohol content of 0.218% in blood, and led the said vehicle to proceed to both sides on the side of Gangseo-do.

In such cases, a person engaged in driving a car has a duty of care to safely drive the car in accordance with the new code by taking into account the front side and the left side.

Nevertheless, the Defendant neglected to do so and was negligent in driving while drinking, and was driven by the victim C (36 older) who was standing a signal waiting vehicle at the bend of the bend, and was driven by the victim C (36 older) to the front part of the said K7 car.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence during about two weeks of medical treatment, and at the same time, damaged the 4,129,095 won of the above cargo vehicle’s repair cost, and was loaded on the said cargo vehicle.

A total amount of 5,462,095 won such as damage to TV repair costs of KRW 1,33,000 was damaged.

2. No person who violates the Guarantee of Automobile Damage Compensation shall operate any motor vehicle on the road, which is not mandatory insurance;

Nevertheless, the Defendant operated the said k7 car which was not covered by mandatory insurance at the time and place specified in the above 1.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Statement of the circumstances of the driver involved in driving;

1. Inquiry into mandatory insurance, and making a tea entry into the ship;

1. A written diagnosis and written estimate;

1. On-site and photographs verifying vehicles;

1. Application of Acts and subordinate statutes to report on investigation ( impossible to contact a suspect and hearing statements from a victim);

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the proviso to Article 3(2)8 of the same Act concerning criminal facts, and the Criminal Act.