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(영문) 서울서부지방법원 2020.09.10 2020고단1618
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 violated the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person engaging in driving a two-wheeled motor vehicle (NINJA 300).

On March 9, 2020, the Defendant driven a two-wheeled automobile with blood alcohol concentration of 0.070%, without obtaining a two-wheeled automobile driver’s license on March 9, 2020, and proceeded along five lanes from D to C University bus stops located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul.

At the time, it was difficult at night, and there was a broad width, and thus, there was a duty of care to prevent accidents in advance by safely driving the vehicle, such as reducing speed for those engaged in driving business, accurately manipulating the steering and brakes while living well on the right side and the right side.

Nevertheless, under the influence of alcohol, the Defendant neglected to operate the steering gear of the above two-wheeled vehicle, and caused the victim E (the age of 19) (the age of 19) who was seated on the back of the above two-wheeled vehicle to fall off the ground.

Ultimately, the Defendant suffered brain ties in need of approximately four weeks of medical treatment for the victim through occupational negligence as above.

2. On March 9, 2020, the Defendant violated the Road Traffic Act and the Road Traffic Act (driving without a license) without obtaining a driver’s license for a two-wheeled vehicle under the influence of alcohol level of 0.070%, and driving a two-wheeled vehicle under the influence of alcohol level of around 04:35 on March 9, 2020, 300 meters away from the section of about 400 meters away from the D in Seodaemun-gu Seoul, Seoul to the roads near C University bus stops in the same Gu.

3. The Defendant violated the Guarantee of Automobile Accident Compensation Act is a person who is not a two-wheeled automobile owner.

No owner of any motor vehicle, etc. shall operate any motor vehicle on a road which is not covered by mandatory insurance.

Nevertheless, it is not possible.

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