beta
(영문) 수원지방법원 2014.12.11 2014고단311

교통사고처리특례법위반등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. No owner of a motor vehicle who has violated the Road Traffic Act and the Guarantee of Automobile Accident Compensation Act shall drive any motor vehicle on the road, which is not mandatory insurance;

Nevertheless, at around 03:55 on December 3, 2013, the Defendant, while under the influence of alcohol with 0.083% of blood alcohol content, was driving a B-L motor vehicle that was not covered by mandatory insurance over approximately 3 km section from the road where the Suwon-gu transfer road was located in Suwon-si to the road near the right market distance where the right is instigated in Suwon-si.

2. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Road Traffic Act and the Defendant is a person engaging in driving a vehicle B Pote.

On December 3, 2013, 03:55 on December 3, 2013, the Defendant came to turn to the left at the right-hand turn at the distance of the well-market located in which the right-holder was instigated in Suwon-si, Suwon-nam Fire Station, and the right-hand turn to the right-hand turn at the right-hand side of the four-lane.

At all times, as an intersection with a signal apparatus, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by thoroughly holding the front-time and safely proceeding in accordance with the signals.

Nevertheless, the Defendant, while neglecting the influence of alcohol and operating the left-hand turn to a stop signal, went to the front part of the victim C(the age of 35) driving, who was operating the intersection in accordance with the new code at the time of the operation of the stop signal, was shocked with the front part of the driver car of the victim C(the age of 35).

Ultimately, the Defendant, by occupational negligence, destroyed a car by the Defendant at the same time, in order to inflict an injury on the victim, such as salt, tensions, etc. in need of approximately four weeks of medical treatment, and at the same time, to have an amount equivalent to KRW 6,094,557 of repair cost, such as exchange of the preceding pan-cirs.

Summary of Evidence

1. Each police suspect interrogation protocol against the defendant and C;

1. Each E statement;

1. A traffic accident report;

1. A report on the oral statement of the driver;