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(영문) 대전지방법원 2019.10.31 2019고단2836
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for one year.

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

The Defendant is a person who is engaged in driving a two-wheeled Automobile (KAWASKI NINJ300ABS) without registration.

1. On April 27, 2019, the Defendant violated the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) and the Road Traffic Act (hereinafter “Road Traffic Act”) and the Defendant driving the said two-wheeled vehicle without obtaining a driver’s license under the influence of alcohol level of 0.082% at around 13:30 on April 27, 2019, led the Defendant to drive the said two-wheeled vehicle and drive the three-laned road in the speed of the 369-laned road due to the Seo-gu

The Defendant, prior to the same direction, had a duty of care to ensure and proceed with safety distance to avoid when he stops a motor vehicle, while driving the motor vehicle according to the following of C rocketing taxi driven by the victim B (the age of 60).

Nevertheless, the Defendant neglected to do so and received the back part of the above taxi as the front part of the above Obane by negligence.

Ultimately, the Defendant caused injury to the victim, such as the victim’s other items requiring treatment for about two weeks due to occupational negligence, and the control of an unidentified in detail and the tensions, tensions, etc., and at the same time destroyed the 1,230,918 won of the repair cost.

2. The Defendant was driving a two-wheeled vehicle under the influence of alcohol level of 0.082% without obtaining a driver’s license in the section of 1.5 km from the front of the road located in Seo-gu Daejeon, Seo-gu, Daejeon to the same place as that set forth in paragraph (1).

3. The owner of a motor vehicle 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, but the defendant operated the above two-wheeled motor vehicle as stated in paragraph (2).

Summary of Evidence

1. Defendant's legal statement;

1. B.

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