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(영문) 대구지방법원 서부지원 2016.06.29 2016고정438
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a unregistered CBR-1000 (988c) Oralba in violation of the Road Traffic Act and the Act on Special Cases concerning the Settlement of Traffic Accidents.

On April 2, 2016, the Defendant driven the above Oral Sea with 0.137% alcohol concentration in blood around 02:45, while under the influence of alcohol, and continued to drive the Oral Sea along the same two-lanes along the two-lanes of the 4-lane road from the nives of the merchant's four-lane away from the nives of the offline in the middlewest-gu.

Since there is a cross-section where signal lights are installed, a person engaged in driving service has a duty of care to prevent accidents in advance by safely proceeding in accordance with good faith.

Nevertheless, while under the influence of alcohol, the Defendant was negligent and negligent in proceeding with the red signal, which is the vehicle stop signal, and received the part of the victim B (61) driving in front of the motor vehicle in front of the motor vehicle driving, which was left left at the right angle in front of the front left in the breadth of the front breadth.

Ultimately, the Defendant suffered injury to the victim, such as salt, tensions, etc. in need of approximately two weeks of medical treatment due to occupational negligence as above.

2. No owner of any motor vehicle violating the Guarantee of Automobile Damage Compensation shall operate any motor vehicle on a road which has failed to purchase mandatory insurance;

Nevertheless, the defendant operated the CBR-100 Oral Ba on the road, which was not covered by mandatory insurance at the time and place of the above paragraph (a).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. A survey report on the actual condition, a report on the detection of a driver engaged in the primary business and a report on the circumstances of the driver engaged in primary business;

1. A medical certificate;

1. Application of Acts and subordinate statutes to photographs of the scene of accident, photographs of damaged vehicles, and stophographs;

1. Article 148-2(2)2 of the Road Traffic Act and Article 44(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning criminal facts, the applicable law and the selective punishment.

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