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(영문) 대전지방법원 2016.11.08 2016고단1464
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. The defendant is a driver of Bholow-light vehicle in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, the Road Traffic Act, and the Road Traffic Act.

On March 19, 2016, the Defendant driven the said car under the influence of alcohol of 0.114% of blood alcohol concentration 0.0:36, and driven the said car at a speed of about 50 kilometers per hour at the speed of about 50 kilometers per speed, along with one lane towards the Djun Station located in Daejeon Dong-gu, Daejeon.

At the time, there is a night and a place where the center line of the yellow-ray is installed, so there was a duty of care to ensure that drivers are engaged in driving service thoroughly and safely operate the car line.

Nevertheless, under the influence of alcohol, the Defendant got off the center line of yellow-ray and proceeds in the opposite direction by the negligence of driving a vehicle while neglecting it, and received the front part of the FSM5 car driven by the victim E (the age of 69) at the same direction as the front part of the car driven by the Defendant.

Ultimately, the Defendant’s occupational negligence caused the above victims E to suffer approximately four-day medical treatment, such as the removal of clothes, boness, etc., which require four-day medical treatment, from the victim G (V, 68 years of age) who was on board the said vehicle, the Defendant at the same time damaged the repair cost to approximately 1,3750,000 won, such as the exchange of front-handers, on the said IM5 car owned by the victim E.

2. No automobile which is not subscribed to the mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act, shall be operated on a road;

Nevertheless, around 00:36 March 19, 2016, the Defendant, as a holder of Bchip car, operated the said Bchip car without mandatory insurance on the roads front of the Dchip in Daejeon Dong-gu, Daejeon.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. The actual condition of traffic accidents, and the investigation report;

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