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(영문) 수원지방법원 안산지원 2016.04.12 2015고단3687
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who holds shower cars and is engaged in driving such cars.

1. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents, the Violation of the Road Traffic Act (drinking) and the Road Traffic Act: (a) drive the said vehicle as a business under the influence of alcohol level of 0.058% while under influence of alcohol during blood; (b) drive the said vehicle on November 13:30, 2015; and (c) drive the one-lane road in front of the members of Ansan-si, Ansan-si, a single-laned road at the high speed of the new road from the room of a foreign community service center.

Since the above place has a lot of traffic of vehicles, in such a case, there was a duty of care to prevent accidents by accurately operating steering gear and brakes, and by checking well the right and the right of the vehicle's driver.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to do so, caused the victim FF (10 years old) who was on board the shower car by shocking the part of the latter part of the victim D (39 years old)'s knife knife onto the front part of the shower car in front of the shower car, and caused the victim FF (10 years old) who was on board the shower car to receive approximately 2 weeks medical treatment, and at the same time, damaged the above knife knife to repair the said knife at KRW 597,925.

2. No person who owns a motor vehicle violating the Guarantee of Automobile Damage Compensation shall operate any motor vehicle on a road which is not covered by mandatory insurance;

Nevertheless, the Defendant operated the shower car at the time, place, and without mandatory insurance, at the time and place mentioned in the preceding paragraph.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A survey report on actual condition, a traffic accident occurrence report, a situation report on the driver of the main driving, and a output of the measurement of drinking driving;

1. Inquiry into information on non-performance of mandatory insurance;

1. An accident scene photograph;

1. Application of each written diagnosis and written estimate for damage;

1. Each of the relevant Articles of the Act concerning the facts of crime;

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