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(영문) 인천지방법원 2013.07.31 2013고단485
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a dial-wheeled motor vehicle, 49C(C) dial-to-motor vehicle.

1. On October 18, 2012, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents and the Road Traffic Act: (a) driven the above-wheeled vehicle with a blood alcohol concentration of 0.216% under the influence of alcohol on October 18, 2012; (b) led the Defendant to drive the said-wheeled vehicle at the speed of 0.216%, which is the speed of the Busan Bupyeong-gu, Busan, Seosan-dong 67-36, the front of the Seosan-gu, Busan, Samsan-dong, to the direction of the Gyeyang Police Station from the direction of the

At that time, the center line of yellow-ray was installed, and there was a vehicle that is driven in the opposite direction, so the driver has a duty of care to thoroughly operate the electric-line and to safely operate the motor vehicle in the opposite direction.

Nevertheless, due to the negligence of neglecting this, the defendant's failure to go over the center line, caused the back side part of the E-Woo XD car operated by D, which was directly in the opposite direction, to the left side of the E-Woo XD car operated by the defendant, and continued to be driving by the defendant, after receiving the front part of the GL125 E-WD car driven by the victim F (the age of 81).

Ultimately, the Defendant caused the death of the said victim F due to brain-dead, cerebral blood, etc. due to the above occupational negligence, and, at the same time, caused the said victim F to scrap the 700,000 won of the market price at which the said victim F was driven.

2. Violation of the Road Traffic Act (driving) driving a brea-wheeled vehicle under the influence of alcohol by 0.216% at a section of about 4.5km from the street front of theme in the Bupyeong-gu Incheon Bupyeong-dong, Incheon, to the front of the Samsan-dong, Samsan-dong, Samsan-dong, 67-36 Net-do.

3. The Defendant violating the Guarantee of Automobile Accident Compensation Act shall not subscribe to the mandatory insurance for automobiles with the same wheels at the date and at the place specified in the above paragraph (1).

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