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(영문) 부산지방법원 동부지원 2016.03.30 2015고단2385
교통사고처리특례법위반등
Text

Defendant

A shall be punished by imprisonment with prison labor for eight months, and by a fine of two million won.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

1. On May 27, 2015, Defendant A was under the influence of alcohol content of 0.141% in blood around 03:50 on May 27, 2015, and without a motor bicycle driver’s license, Defendant A driven an Ortobane without a mandatory insurance policy, and proceeded two-lane roads in front of the bus termination point No. 44, Busan Shipping Daegu-do, Busan, and the end point of the bus No. 444.

In this case, the defendant has a duty of care to drive safely without breaking the central line.

Nevertheless, without a driver's license, the Defendant suffered injury to the victim C(62) of this Lone Star and the left-hand side of the car driving of the victim C(62 tax) which had been under the influence of alcohol, due to the occupational negligence of running the central line with the central line without a driver's license, and caused the victim B(25 years) who is the winner of the vehicle with the driver's vehicle to undergo approximately 3 weeks medical treatment.

2. On May 27, 2015, Defendant B driven the above Oba in the state of alcohol concentration of 0.134% at around 02:20 on May 27, 2015, Defendant B driven the above 300 meters from the 2-dong Haba-gu Busan Shipping Daegu Market, to the front of the 3-dong Gasan Sports Park.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police for E;

1. A report on the occurrence of a traffic accident or an accident scene photograph;

1. A report on the detection of each driver involved and a response to a request for appraisal;

1. Inquiry into mandatory insurance;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal provisions concerning criminal facts;

A. Article 3(1), proviso 2, 7, and 8 of the Act on Special Cases Concerning the Settlement of Traffic Accidents by Defendant A, Article 268 of the Criminal Act (in the event of occupational injury and injury), Article 148-2(2)2, and Article 44(1) of the Road Traffic Act (in the case of drinking), Article 154 Subparag. 2, and Article 43 of the Road Traffic Act (in the case of driving a motor bicycle without a license) and Article 46 of the Guarantee of Automobile Compensation Act.

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