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(영문) 춘천지방법원 강릉지원 2016.12.22 2016고단758
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

"2016 Highest 758"

1. Any person who violates the Road Traffic Act, the Road Traffic Act, and the Guarantee of Automobile Accident Compensation Act shall not operate a motor vehicle which is not covered by mandatory insurance, and the C Poter freight owned by the defendant is a motor vehicle which is not covered by mandatory insurance, and the defendant is a person whose driver's license was suspended for 40 days from May 10, 2016 to June 18, 2016, and receives a decision to suspend a driver's license due to the unpaid penalty by ordinary mail on April 1, 2016, and received a decision to suspend a driver's license directly on April 14, 2016.

Nevertheless, on May 31, 2016, the Defendant operated the foregoing cargo vehicle without mandatory insurance in the state of alcohol concentration of 0.085% during the suspension period of a driver’s license, from around 05:30 on the front of Gangnam-si to the front of the FF driving school in the same city E from around 6km to the front of the same city’s “F driving school.”

2. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Road Traffic Act and the accused are those engaged in driving of CPoter cargo vehicles.

On May 31, 2016, at around 05:30, the Defendant, while under the influence of alcohol, had the two-lane roads in front of the “F” driving school in Gangnam-si, Gangnam-si, which were located in Gangnam-si during the suspension period of the driver’s license, circumvented the two-lane roads in front of the “F” driving school in the direction of the Gangnam Police Station.

Since there is a three-lane intersection in the two-lane, the driver of the motor vehicle has a duty of care to prevent accidents by operating the motor vehicle so that the driver of the motor vehicle could not obstruct the operation of other motor vehicles in the two-lanes by moving the vehicle in advance after changing the vehicle to the two-lanes.

Nevertheless, the defendant does not change the course into a two-lane while driving into a one-lane, and the defendant's negligence bypassing it as it is is, thereby driving ahead of the right side of the cargo vehicle operated by the defendant.

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