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(영문) 서울서부지방법원 2014.12.23 2014고단3097
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six months.

except that 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. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who drives Branchis.

On June 22, 2014, the Defendant driven the above vehicle on June 22, 2014, and proceeded ahead of the road No. 118 of Mapo-gu Seoul, Mapo-gu, Seoul, at a speed that cannot be seen by one lane in the direction of the riverside, along the direction of the riverside, and proceeded along with the central line.

In such cases, the driver of the motor vehicle has a duty of care to refrain from proceeding beyond the center line in the opposite direction because the center line is installed.

Nevertheless, the Defendant neglected to do so and proceeded with the center line of yellow solid line, and was placed in the front part of C (the age of 29) where the Defendant walked a road in the direction of the gal Health of the Yongsan River.

As a result, the Defendant suffered injury to the victim by the above occupational negligence, such as the 3rd Twitter in need of stability and treatment for about six weeks.

2. A violation of the Road Traffic Act (driving) driving the said vehicle under the influence of alcohol concentration of 0.135%, starting from the road where it is impossible to identify the location of the new and renewable-dong of Mapo-gu temporarily, such as the above 1.1.m., the Defendant driven the said vehicle under the influence of alcohol concentration of about 1k in front of the road No. 118 of the 1

3. The Defendant violated the Guarantee of Automobile Accident Compensation Act, even if he was prohibited from operating a motor vehicle on the road which was not covered by the mandatory insurance on a temporary basis as set forth in the foregoing 1. paragraph, he driven a approximately KRW 1 km distance from the place where it is impossible to know the address of the Mapo-gu Seoul Mapo-gu, Seoul to the road front 118, Mapo-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Traffic accident actual condition survey report, accident detection report, and circumstantial statement report of the driver concerned;

1. A report on investigation (Submission of a medical certificate);

1. Application of Acts and subordinate statutes on mandatory insurance;

1. Handling of traffic accidents under relevant Articles of the Act and selective punishment concerning facts constituting an offense;

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