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(영문) 광주지방법원 순천지원 2013.12.04 2013고단1858

교통사고처리특례법위반등

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 two 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 vehicles B.

On August 12, 2013, at around 15:20, the Defendant was under the influence of alcohol with 0.321% of blood alcohol concentration. On August 12, 2013, the Defendant driving a vehicle not covered by the automobile mandatory insurance, and driving a vehicle with a vehicle not covered by the automobile mandatory insurance, along with one lane in the direction of the pacta in the direction of the pactari.

At this point, the direction of the defendant's moving to a one-lane road is the hacker length of the diver road, and the defendant was located under the road below the road.

In this case, a person engaged in driving of a motor vehicle has a duty of care to prevent the accident by accurately manipulating the operation and steering gear of the motor vehicle.

Nevertheless, the Defendant neglected to do so under the influence of alcohol and went away from the tea line due to the negligence that he was in progress, and fell away from the road, and a house owned by the victim C(S 41) was shocked.

Ultimately, the Defendant damaged the housing cost of KRW 8,147,00 by occupational negligence as above, and at the same time suffered injury, such as acute stress, which requires approximately four weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Report on the circumstances of the driving of a motor vehicle;

1. A report on detection of a host driver;

1. The actual condition of traffic accidents (1) (2);

1. Mandatory insurance policy;

1. On-site evidentiary photographs;

1. Each written diagnosis;

1. Application of the written estimate statutes;

1. Article 3 (1), the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents by Relevant Acts concerning Criminal Facts, Article 268 of the Criminal Act, Article 148-2 (2) 1, and Article 44 (1) of the Road Traffic Act, Article 151 of the Road Traffic Act, Article 46 (2) 2, and Article 8 of the Guarantee of Automobile Accident Compensation Act;

1. Violation of Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes, and due to the destruction and damage of negligent objects.