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(영문) 수원지방법원 2015.09.17 2015고단1214
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[2015 Highest 1214]

1. The accused is a person who is engaged in driving a car in the case of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, the Road Traffic Act, the Road Traffic Act, and the Road Traffic Act;

On February 9, 2015, at around 18:23, the Defendant, while under the influence of alcohol with 0.094% of the blood alcohol concentration without obtaining a driver’s license, was driving the said Costaex with the blood alcohol concentration of 0.094%, and continued to proceed to the south of the Republic of Korea, depending on the ozone, underground car map located in the area of Suwon-si, Suwon-si.

In this case, there was a duty of care to prevent accidents in advance by accurately manipulating the steering wheel and brakes to those engaged in driving business.

Nevertheless, due to the negligence that the Defendant neglected to operate the steering direction and operation system while under the influence of alcohol, and did not accurately operate the steering direction and operation system, the Defendant received the back portion of the DUS car in the front part of the DUS car in the above signal atmosphere, and due to the shock, EM5 car in the front part of the EM5 car in the signal.

Ultimately, the Defendant damaged the Victim F (34 years of age) who is a driver of the Ecoos car by occupational negligence as above, to the extent that it is difficult for the Victim G (47 years of age) to inflict an injury such as salt, tensions, etc., which requires approximately two-day medical treatment, and to inflict an injury on the Victim G (47 years of age) who is a driver of the SM5 vehicle in need of approximately two-day medical treatment, and at the same time 7,863,158 won of the cost of repairing the Ecoos car, and damaged the SM5 car to cover KRW 700,319 of the cost of repairing it.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act: (a) operated the said Lone Star Co., Ltd, which was not covered by mandatory insurance, at the time and place specified in paragraph (1).

[2015 Highest 2159]

3. On January 29, 2015, the Defendant violated the Road Traffic Act (Measures Taken after Accidents) and the Guarantee of Automobile Accident Compensation Act.

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