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(영문) 창원지방법원 밀양지원 2016.07.07 2016고단210
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

1. The Defendant is a person who is engaged in driving a B rocketing motor vehicle in accordance with the Act on Special Cases concerning the Settlement of Traffic Accidents and the Road Traffic Act.

On April 8, 2016, the Defendant, while under the influence of alcohol leveling 0.124% during blood transfusion around 21:45, proceeded ahead of the smuggling-dong, Suyang-dong, Suyang-si, in the direction of the Styang-si Library, toward Yongnam-do.

At the time, there are nights and vehicles under stop due to traffic congestion in the front door, and thus, a person engaged in driving a motor vehicle has a duty of care to thoroughly prevent accidents by driving the motor vehicle.

Nevertheless, the Defendant, as a result of occupational negligence, neglected to do so during the week immediately before the sobrith of alcohol, caused the victim E (the 50-year-old driver) driver's driver's frighter of the victim C (the 47-year-old driver's frighter) driver's frighter of the victim's frighter of the frighter's frighter of the frighter's frighter of the frighter's frighter's vehicle.

As a result, the Defendant suffered injury to the victim C, such as salt of the catum requiring approximately two weeks of medical treatment, and injury to the victim E, such as a satum salt, requiring medical treatment for about four days.

2. While the Defendant was prohibited from operating a motor vehicle on the road not covered by mandatory insurance in violation of the Guarantee of Automobile Compensation for Loss, the Defendant driven the said rocketing motor vehicle which was not covered by mandatory insurance at the time and place specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E and C preparation;

1. Statement of the circumstances of the driver involved in driving;

1. Application of Acts and subordinate statutes regarding mandatory insurance;

1. Article 3(1) and proviso of Article 3(2)8 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2(2)2 and Article 44(1) of the Road Traffic Act concerning criminal facts, Article 46(2)2 and Article 8 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, as to the Compensation for Motor Vehicle Damages.

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