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(영문) 대전지방법원 홍성지원 2013.12.20 2013고단975

교통사고처리특례법위반등

Text

A defendant shall be punished by imprisonment for six months.

except that 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 a shower car.

On November 4, 2013, the Defendant, without purchasing mandatory insurance around 17:10 on November 4, 2013, operated the said car while under the influence of 0.071% of alcohol content, and proceeded from the front side of the Jinsung-gun Hongsung-gun Hongsung-gun Sari to the direction of the Hongsan-gun.

At the same time, the victim C(n, 37 years old) was driving a DSS5 car, and thus, the driver had a duty of care to prevent the accident by putting the driver on the front door and to prevent the accident.

Nevertheless, while the Defendant was under the influence of alcohol due to negligence, the part of the backer of the MF5 car was concealed.

At the same time, the Defendant suffered from the injury of fluoral salt, etc., which requires the victim to receive approximately two weeks of medical treatment by occupational negligence, and at the same time damaged the said SM5 car to cover approximately KRW 759,433 as repair costs.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Mandatory insurance policies;

1. Application of the Acts and subordinate statutes of a written diagnosis (C) and written estimate (D);

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Mutual Crimes of Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and Violation of the Road Traffic Act due to Destruction and Damage of Negligence);

1. As to the violation of the Act on Special Cases concerning the Settlement of Alternative Traffic Accidents, imprisonment without prison labor and the remainder of each crime;