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(영문) 대전지방법원 2013.10.01 2013고단2200
도로교통법위반등
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

The defendant is a worker for one-time, who is a holder of B gallon and a driver of B gallon.

1. On May 14, 2013, the Defendant violated the Road Traffic Act, the Road Traffic Act (driving without a license) and the Road Traffic Act (driving without a license) did not obtain a driver’s license on May 14, 2013. While under the influence of alcohol at 0.184% of the blood alcohol concentration, the Defendant driven the said fluencing vehicle as his duties and driven the said fluencing vehicle at the speed of about 30km from the side of the flucing bridge to the flucing intersection.

However, in the right side of the vehicle at the time, there is a D driver's freight vehicle parked on the right side of the vehicle, so in such a case, the person engaged in driving of the vehicle has a duty of care to accurately operate the steering gear and brake system and to prevent the accident from occurring due to the fact that the driver has a duty of care.

Nevertheless, the Defendant neglected to do so and proceeded as it was due to the negligence of proceeding, and received the front part of the above cargo to the right-hand part of the passenger vehicle.

Therefore, the defendant damaged the front part of the above cargo vehicle to require considerable amount of KRW 1,127,206 due to the above occupational negligence.

2. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act shall be operated on a road;

Nevertheless, the defendant, as a holder of the above gallon, operated the above car without mandatory insurance, and operated it at the time and place specified in the preceding paragraph.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. C’s statement;

1. Traffic accident report and accident report of an employer-employed driver;

1. Registers of driver's licenses and mandatory insurance;

1. Application of the written estimate statutes;

1. Relevant provisions of Article 151 of the Road Traffic Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act concerning criminal facts;

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