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(영문) 인천지방법원 부천지원 2013.08.07 2013고단1066
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On January 20, 2012, the Defendant was sentenced to two years of suspension of execution for a violation of the Punishment of Violences, etc. Act (a collective, deadly weapon, etc.) in the Busan District Court’s Branch on January 20, 2012, and the said judgment became final and conclusive on October 28 of the same month, and is currently under suspension of execution. On November 30, 2012, the Defendant was sentenced to two years of suspension of execution for a year of imprisonment for a violation of the Punishment of Violences, etc. Act (a violation of a collective, deadly weapon, etc.) in the same court on November 30,

1. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents and Violation of the Road Traffic Act (Driving) is a person engaging in driving a vehicle 523I.

At around 05:50 on April 29, 2013, the Defendant driven the said car as his duties while under the influence of alcohol of 0.052% of alcohol concentration, and led the Defendant to turn to the left from the direction of the transmission, the 5th line road in front of the shooting distance, as it is located in 539-1, Nowon-gu, Nowon-gu, Seoul Special Metropolitan City.

Since there is an intersection where traffic control is performed by signal apparatus, the defendant engaged in driving motor vehicles has a duty of care to prevent accidents by safely driving the motor vehicle in accordance with signals.

Nevertheless, under the influence of alcohol, the Defendant was negligent in failing to make a left-hand turn in violation of the signal and was driven by the victim D(the age of 47) who was driven by the signal from the right-hand side of the BMW car that was driven by the victim D(the age of 47) who was driven by the signal from the right-hand side of the MaW car.

After all, the Defendant suffered injury due to the above occupational negligence by the victim, such as cerebral alky in detail, in which there is no two or more open situations in need of treatment for about three weeks.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act: (a) operated a car with CMW 523i, which was not subscribed to mandatory insurance, at the time and place set forth in the foregoing paragraph (1).

3. Any person who takes over an automobile registered in violation of the Automobile Management Act;

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