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(영문) 대구지방법원 2019.06.13 2018고단2824
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On November 29, 2013, the Defendant sentenced the Daegu District Court to four years of imprisonment for the commission of bodily injury, and completed the execution of the said sentence on December 4, 2017.

1. 2018 Highest 2824

A. The Defendant is a holder of a two-wheeled automobile without a license, who violates the Road Traffic Act (driving) and the Road Traffic Act (Driving without a license), and the Guarantee of Automobile Accident Compensation Act (NY125B).

On May 31, 2018, the Defendant driven a NY125B two-wheeled vehicle, which was under the influence of alcohol with 0.106% of blood alcohol concentration at around 17:25, but was not covered by a mandatory insurance without a motorcycle driver’s license from the front of a restaurant located in Daegu-gu B to the front of the road located in the same Gu, Daegu-gu, Daegu-gu, to approximately 50 meters.

B. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) led the Defendant to drive a two-wheeled vehicle with no number plate No. NY125B at the time indicated in paragraph (a) and drive a two-wheeled vehicle before the E convenience store located in Daegu Jung-gu, Daegu, to the escape of the Daegu Middle-gu Police Station from the border distance protection area.

Since a crosswalk is installed, in such a case, the driver has a duty of care to temporarily stop on the sidewalk to prevent the passage of pedestrians after making the left-hand side and the right-hand side of the sidewalk.

Nevertheless, when the defendant is driving without a driver's license under the influence of alcohol and is negligent in neglecting it, the defendant was placed on the right side of the two-wheeled motor vehicle of the victim F (V, 56 years old) who dried the crosswalk according to the green signal of the mash pedestrian.

As a result, the Defendant suffered from the above occupational negligence that requires approximately two weeks medical treatment to the victim, such as the following bridge and the details of missing parts.

2. On November 4, 2018, the Defendant, at around 13:40 on November 4, 2018, promoted “H restaurant” located in Daegu Northern-gu G to the Defendant that the victim I (n, 5 years of age) would have paid the Defendant a debt of KRW 4 million.

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