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(영문) 울산지방법원 2014.07.25 2014고단921
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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

The defendant is a person who is engaged in driving a B-learning car.

1. On March 3, 2014, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents and the Road Traffic Act (driving a sound driving) driving the said vehicle under the influence of alcohol of 0.118% in blood alcohol concentration on March 3, 2014, and driving the viewing distance in Ulsan-gu New-dong, Ulsan-gu along the two-lane in the direction of the south-gu office in the direction of the south-gu office.

Since there is a long distance intersection where signal lights are installed, there was a duty of care to reduce the speed for persons engaged in driving service and prevent accidents in advance by driving safely in accordance with the signals.

Nevertheless, the Defendant neglected this due to the negligent negligence while driving a vehicle stop signal, and the Defendant was driven by the victim C(57 years of age) driving the said intersection on the right side from the left side of the Defendant’s running in accordance with the straight line due to the negligence in the process, even though the signal was under the influence of alcohol, and received the front door of the car driven by the Defendant.

As a result, the Defendant suffered injury to the victim C, such as brain salvin in need of medical treatment for about three weeks due to such occupational negligence, and injury to the victim E (the aged 42) who was on the back of the taxi driven by the victim C, such as brain salin in need of medical treatment for about four weeks.

2. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act shall be operated on a road;

Nevertheless, the Defendant operated the B-learning car that was not covered by mandatory insurance at the date and place specified in Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of traffic accident-related persons;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. An accident site photograph;

1. A report on detection of a host driver and a report on the circumstantial statement of a host driver;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes on non- mandatory insurance information inquiry;

1. Relevant provisions concerning facts constituting an offense;

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