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(영문) 광주지방법원 순천지원 2016.10.06 2015고단1026
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six 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

1. No person who violates the Guarantee of Automobile Accident Compensation Act shall operate any automobile on a road which is not covered by mandatory insurance;

Nevertheless, the Defendant, without purchasing mandatory insurance, operated the Mayang-si Won, etc. from April 26, 2015 to May 18, 2015.

2. The Defendant is a person who violates the Act on Special Cases concerning the Settlement of Traffic Accidents, the Road Traffic Act, and the Road Traffic Act, and the Defendant is a person who is engaged in the operation of the B Poter, a stable, and a capsf.

On May 18, 2015, the Defendant driven the above cargo vehicle under the influence of alcohol of 0.107% with a blood alcohol concentration of 0.55%, and proceeded down from the side of the Seoyangyang-si, Mayang-si to the Gu Police Station about 40km each hour at the direction of the international pharmacy, depending on the road between the former and the former Police Station.

At that time, there was a victim C driver's car at the time of stopping prior to that place, so the person engaged in driving duty was well aware of the situation, and there was a duty of care to drive safely by accurately manipulating the steering gear, etc.

Nevertheless, under the influence of alcohol, the Defendant, while neglecting the duty of care as seen above, caused the victim’s driving of the vehicle in front of the vehicle in front of the vehicle in front of the Defendant’s driving of the vehicle in front of the vehicle in front.

As a result, the Defendant suffered salt and tensions from the victim for about two weeks of medical treatment due to the above occupational negligence, and at the same time, damaged the Defendant’s repair cost, such as the exchange of the flag to the flag driver, to KRW 1,504,514.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Evidence and photographs of the traffic accident site;

1. Inquiry the results of the drinking driving control;

1. A medical certificate;

1. Written estimate;

1. Application of Acts and subordinate statutes on mandatory insurance;

1. Article 3 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts

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