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(영문) 대전지방법원 2017.11.15 2017고단3315

교통사고처리특례법위반(치상)등

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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 Defendant is a person who is engaged in driving a golf car in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, violation of Road Traffic Act, and violation of Road Traffic Act;

On July 29, 2017, the Defendant driven the said vehicle under the influence of alcohol content of 0.211% in blood around 18:00, and continued to run the said vehicle under the influence of alcohol at a level of 0.21% in the direction of the Daejeon Pungdong-gu, Daejeon Pungdong-ro 51, in the direction of “Sewn-do-ro, Hanwn-do-ro.”

At the same time, there was an intersection where no signal has been installed, so there was a duty of care to prevent accidents in advance by checking whether a person engaged in driving of a motor vehicle is a motor vehicle who is engaged in driving the motor vehicle with a view to driving the motor vehicle and driving the motor vehicle well, and driving the motor vehicle safely.

Nevertheless, under the influence of alcohol, the Defendant was under the influence of alcohol and went to the right side of the victim C (55 years old) driving on the left side of the running direction of the Defendant, and was under the front part of the Defendant’s vehicle.

Ultimately, the Defendant caused the injury of the victim E (52) who was accompanied by the above occupational negligence to the victim C and the franchise vehicle for approximately two weeks in need of medical treatment, and at the same time damaged the victim to repair the said franchise vehicle owned by the Litcar Co., Ltd. in an amount equivalent to KRW 2,606,941.

2. A person who violates the Guarantee of Automobile Compensation Act is prohibited from operating a motor vehicle on a road which is not covered by mandatory insurance. However, the Defendant operated a golf motor vehicle without mandatory insurance at the date and place specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A traffic accident report;

1. An accident scene photograph;

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

1.Each.