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(영문) 대전지방법원 2015.12.23 2015고단3820
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

The defendant is a person who is engaged in driving a Oralba.

On October 15, 2015, the Defendant, while under the influence of alcohol 0.195% with blood alcohol content around 22:0, the Defendant driven the above otob, without mandatory insurance, and driven the obba, and driven the oba, a road in front of the Eelbher in Daejeon-gu, Daejeon, into the apartment of the old village at the 5th parallel.

At the same time, she is china at night, and since she is a one-lane road in which vehicles are parked on the roadside, she has a duty of care to prevent accidents in a way that does not look at the vehicle parked by accurately operating the front door and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the steering system.

Nevertheless, the Defendant, while under the influence of alcohol, neglected it and was parked on the right side of the proceeding direction due to the negligence of neglecting it, received the Fpoter II cargo vehicles from the vehicle in the front side of the proceeding direction, and let the Victim G (52 years old) G (52 years old) who is the passenger of Ortoba, go beyond the road.

After all, the Defendant, as a holder of Oral Ba, operated an Oral Ba, which was not covered by mandatory insurance, and was negligent in performing the above duties, thereby suffering from the injury of the above victim to the right-hand pelle that requires treatment for about six weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of H and G;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. A medical certificate;

1. Application of the photographic Acts and subordinate statutes;

1. Article 3 (1) and proviso to Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, Article 46 (2) 2 and Article 8 of the Guarantee of Automobile Accident Compensation Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, and Article 8 of the Act on Special Cases concerning the Operation of Mandatory Motor Vehicles and Selection of Imprisonment;

1. The Criminal Act among concurrent crimes.

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