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(영문) 창원지방법원 진주지원 2018.09.21 2018고단795

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a Oralba.

On June 9, 2018, the Defendant, without a driver's license for a motor motor device and bicycle, driven the above Oral Ba, which was under the influence of 0.202% of alcohol during blood, and did not enter into mandatory insurance, and proceeded one-lane of the two-lanes of agricultural products in the direction of each market at the intersection of Kim citizens.

A person engaged in driving service shall not drive a vehicle without a driver's license, while drinking, and shall not drive a vehicle at such a speed or in such a manner as to inflict any danger or obstacle on others by checking well the right and the right and the right.

Nevertheless, the Defendant, while under the influence of alcohol without a driver’s license, was negligent in neglecting the previous city and neglected to do so, and was driven by the victim D (42 tax) who was stopped pursuant to the foregoing new subparagraph, and received the front part of the off-to-land.

After all, the Defendant suffered from the injury of the victim D and the victim F, who is the passenger of the above passenger car, by the above occupational negligence, about two weeks of medical treatment, such as salt, tensions, etc., and at the same time damaged the Efran vehicle to repair cost of KRW 1,886,00, and operated the Efran vehicle not covered by the mandatory insurance.

Summary of Evidence

1. Statement by the defendant in court;

1. An accident scene photograph;

1. Written statements of D;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. A report on the detection of a primary driver;

1. A detailed statement of automobile inspection and maintenance;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Articles 148-2(2)1, 44(1)2, and 43 of the Road Traffic Act concerning facts constituting an offense; Articles 154 Subparag. 2 and 43 of the Road Traffic Act; Articles 3(1) and 3(2) proviso of the Act on Special Cases Concerning the Settlement of Traffic Accidents; Articles 3(1), 3(2) proviso of the Act on Special Cases Concerning the Settlement of Traffic Accidents.