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(영문) 청주지방법원 충주지원 2013.11.29 2013고단540
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for not more than ten 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. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, and the violation of the Road Traffic Act (driving) is a person engaging in driving of C TraXG vehicles.

On July 31, 2013, the Defendant driven the above vehicle under the influence of alcohol level of 0.291% on blood alcohol level around 22:00, and driven the front and rearer road of the Central Elementary School 28, 5.5-ro, Chungcheongnam-si, Chungcheongnam-si, the front side of the Central Elementary School, from the right side of the Central Elementary School to the luminous apartment.

At that time, it was a road where a median line is installed, so in such a case, a person engaged in driving of a motor vehicle has a duty of care to keep the traffic classification well and to pass along the right side of the median line.

Nevertheless, the defendant is under the influence of alcohol.

On the opposite side of the driver's vehicle, the driver's vehicle was at the top side of the driver's vehicle where the driver's vehicle was at the center of the center line due to the negligence, and the driver's vehicle was at the top of the left side of the driver's vehicle where the defendant is driving.

Ultimately, the Defendant suffered from the victim and the F, who is the passenger of the victimized vehicle, about two weeks of medical treatment due to the foregoing occupational negligence, tensions and tensions.

2. A person violating the Guarantee of Automobile Accident Compensation Act is prohibited from operating a motor vehicle on the road which is not covered by mandatory insurance for motor vehicles. However, the Defendant operated a vehicle with CTXG that is not covered by mandatory insurance at the same date and time and at the same place as paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Written statements of D;

1. The actual condition survey report;

1. Statement of the status of the driver;

1. Each written diagnosis;

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

1. Article 3(1), the proviso of Article 3(2)2 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

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