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(영문) 수원지방법원 여주지원 2018.03.06 2018고단79
교통사고처리특례법위반(치상)등
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 one year 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 service with unregistered driving wheels, in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents;

On September 23, 2017, the Defendant was under the influence of alcohol level of 0.219% among blood transfusions on Sep. 23, 2017, and came to the same lane while driving at the same 0.219% and driving at the same side of Echeon-si B Do one lane in the direction of additional tri distance from the boundary of the public playground in Echeon-si.

At the same time, C Driving D was working at the front of the first lane, and in such a case, there was a duty of care to safely drive a person engaged in driving of a motor vehicle by looking at the front section and the left and right of the motor vehicle.

Nevertheless, the Defendant neglected this and led to the delay of entering a vehicle into a one-lane, and received the front part of the passenger vehicle to the left side of the vehicle's right side.

Ultimately, the Defendant suffered injury to the victim E (69) who was on the part of the Defendant’s Obane due to the above occupational negligence, such as a closed guarding guard which requires approximately 20 weeks medical treatment.

2. On September 23, 2017, the Defendant: (a) driven a non-registered motor vehicle with alcohol level of at least 0.219% in the section of approximately 3km from the front of the village hall at Echeon-si, Leecheon-si, Leecheon-si, to the front road at Echeon-si, Leecheon-si; (b) the Defendant driven a non-registered motor vehicle with alcohol level of at least 0.219% in alcohol level.

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

Nevertheless, Defendant 2 operated a non-registered master with no mandatory insurance at the same time, and at the same place as the above 2.2.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports (1), (2) on traffic accidents;

1. On-site photographs;

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

1. A written appraisal;

1. Statement made to C;

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

1. The relevant legal provisions of the Act on Special Cases concerning the Settlement of Traffic Accidents;

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