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(영문) 창원지방법원 통영지원 2016.09.01 2016고단654
교통사고처리특례법위반등
Text

Defendant

A Imprisonment for nine months, and each of the defendants B shall be punished by a fine of 4,000,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

On May 22, 2012, Defendant A issued a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act (driving) at the Changwon District Court through the Changwon District Court on May 22, 2012, and a fine of KRW 3.5 million for the same crime in the same court on July 30, 2013.

Criminal facts

1. Defendant A is a person who is engaged in driving a car in C SP area.

On February 15, 2016, while under the influence of alcohol by 00:10% without a driver's license, the Defendant driven the said car from approximately 5 km to the road near the entrance of the large-scale village located in the yellow village map at the Gyeongsung-gun, Gyeongnam-gun, Gyeongsung-gun, the Defendant driven the said car at a speed of about 60 km from the 5km to the large-scale village along the direction near the yellow village.

At the time, since the front is night and the front is a bend road on the right side, a person engaged in driving a motor vehicle has a duty of care to drive the motor vehicle in a safe way, such as accurately manipulating the steering gear, brake system, etc. in a clear mental state.

Nevertheless, the Defendant neglected this and operated under the influence of alcohol without a driver’s license, and failed to accurately operate the steering gear, and the Defendant received new stocks and the drums on the side of the road, which were installed on the side of the road, from the front line of the car operation.

Ultimately, the Defendant, while driving the said vehicle without a driver’s license, was under influence while driving the said vehicle two times due to a violation of the Road Traffic Act as above, and was under influence of alcohol, and suffered from the injury of the victim B (V, 56 years old) who was on duty due to the above occupational negligence for about eight weeks of treatment.

2. Defendant B

A. The Defendant shall not operate a passenger car which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act on the road.

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