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(영문) 인천지방법원 부천지원 2019.01.04 2018고단2730
교통사고처리특례법위반(치상)등
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 unregistered motor vehicle;

On September 2, 2018, the Defendant driven the above motorcycle without a license plate on September 19:10, 2018, and got crossing by driving the D point ahead of the D point located in Dong-gu Incheon Metropolitan City, Dong-gu, Incheon at a speed of about 15km in speed from D to E.

There is a duty of care to prevent accidents by safely crossinging from the above motorcycle because he/she is inside the crosswalk and is accompanied by the rear seat.

Nevertheless, the Defendant neglected to obtain a driver’s license and caused injury to the victim F, who was the rear fluor of the instant motorcycle due to the occupational negligence while driving the motorcycle under the influence of 0.081% of alcohol level, and caused the victim F, who was the rear fluor, to undergo approximately eight weeks of treatment.

2. Violation of the Road Traffic Act and the violation of the Road Traffic Act (driving without a license) were driven by the Defendant under the influence of alcohol at a level of about 7 km from the front of H located in Jung-gu Incheon Metropolitan City, to the place specified in paragraph 1, without obtaining a motorcycle driver’s license, while under the influence of alcohol at a level of about 0.081% in blood alcohol concentration.

3. The Defendant violated the Guarantee of Automobile Accident Compensation Act: (a) operated the said motorcycle on the road located in Jung-gu Incheon Metropolitan City, Jung-gu, Incheon, without mandatory insurance from the front to the place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F (Simplified traffic);

1. A medical certificate;

1. Field photographs, etc.;

1. A traffic accident report (2) actual survey report;

1. A report on detection of a host driver;

1. Application of statutes, such as the ledger of driver's licenses;

1. Article 3(1) and (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act on Criminal Facts;

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