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(영문) 서울중앙지방법원 2014.07.23 2014고단3592
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. The Defendant is a person who is engaged in driving a motor bicycle with no license plate in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Road Traffic Act.

On May 13, 2014, the Defendant driven the above motorcycle while under the influence of alcohol of 0.176% of blood alcohol level on May 13, 2014, and led to the flow of approximately 200 meters in the direction of the new intersection in the direction of the new intersection, along the two-lanes, from the road near the station of the passenger railway station located in 169, Dongjak-gu, Seoul Metropolitan Government, to the two-lane road of the same latitude.

At the time, there is a pedestrian crossing in which a signal, etc. is installed at night and at that time, so there was a duty of care to check whether a person engaged in driving service is a person who gets on the way to reduce the speed and to see well the right and the right and the right, and to drive safely in accordance with the new code.

Nevertheless, under the influence of alcohol, the Defendant neglected to change the vehicle driving signal to a stop signal, and neglected to proceed as it is, and caused the victim B (the age of 49) who dried away from the right side of the crosswalk to the left side according to the pedestrian signals to go beyond the road by shocking the front side of the motor bicycle of the Defendant.

Ultimately, the Defendant suffered from the victim’s influence of treatment days due to occupational negligence as above.

2. The Defendant violating the Guarantee of Automobile Accident Compensation Act is a person who owns a two-wheeled motor vehicle not registered.

On May 13, 2014, at around 23:35, the Defendant operated the two-wheeled automobile, which was not covered by mandatory insurance, from the near the passenger boat station in Dongjak-gu Seoul Metropolitan Government 169 to the 103rd road.

Summary of Evidence

1. Defendant's legal statement;

1. B Statement on the occurrence of a traffic accident;

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

1. The actual condition survey report;

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