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(영문) 대구지방법원 상주지원 2014.09.02 2014고단329
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Road Traffic Act, the Defendant is a person engaged in the driving of B Poter cargo vehicles;

On June 12, 2014, at around 18:45, the Defendant driven the said vehicle without a driver's license, while under the influence of alcohol 0.274% of blood alcohol level, and led the local highway located in the Blue Dog in the direction of tolerance from the floor of the lue tideland.

At this point, there is a duty of care to prevent accidents by accurately manipulating and safely driving steering steering gear, brakes, etc. in a clear spirit.

Nevertheless, the Defendant neglected this and left the way to the right side of the running direction by negligence while under the influence of alcohol, while leaving the way to the right side of the driving direction, and the guard day, which is installed on the road, was received as the front driver of the Defendant driving vehicle.

As a result, the Defendant suffered from the victim C (the aged 53) who was on the back seat due to the above occupational negligence for about two weeks in need of treatment, such as salt, tension, etc., and the victim D (the aged 55) for about four weeks in need of treatment, and at the same time damaged the victim D (the aged 55) by causing about KRW 1,016,950 for restoration expenses.

2. Around 18:45 on June 12, 2014, the Defendant was driving B Poter cargo at the distance of about 6 km from the Poter Village at the time of parking in the state of under the influence of alcohol at 0.274% of blood alcohol level, without a driver’s license, from the Poter Village at the time of parking in the state of under the influence of alcohol at around 18:45 on June 12, 2014 to the Poter, as stated in paragraph (1).

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

Nevertheless, the defendant is at the time and place specified in the above Paragraph 2.

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