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(영문) 의정부지방법원 2014.04.03 2014고단192
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The Defendant is a person engaged in driving a 150cc Stopy who was not covered by mandatory insurance. On October 29, 2013, the Defendant, without a driver’s license around 18:40 on October 29, 2013, under the influence of alcohol concentration of 0.128%, was driving the above Stopy, which was not covered by mandatory insurance, and was proceeding one way in front of the number of women in front of the number of women in front of the Gecheon-gun, Gunnnam-gun.

In such a case, although a person engaged in driving of a motor parking bicycle has a duty of care to safely drive the motor bicycle, the defendant, in violation of the above duty of care, discovered a victim B (59 years old) driver car in front of the defendant's Obabababur C in front of the defendant's Obaba, and led to a left-hand turn on the D residential area while overtaking the central line, even though the above vehicle in front of the defendant's Obababa did not stop, and received a part adjacent to the victim's driver's seat.

As a result, the defendant suffered injury, such as catitiss, tensions, etc. which require medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police and prosecutorial examination of the accused;

1. Protocol of the police statement concerning B;

1. Statement on the occurrence of a traffic accident;

1. Medical certificate, traffic accident actual condition investigation report, and traffic accident-related photographs;

1. Suspect drinking numerical value, report on the statement of the status of the drinking driver, and report on the actions of the drinking driver; and

1. Investigation report (Application of the Radmark formula) and photographs related to the Madmark;

1. Application of the statutes on the register of driver's licenses;

1. Article 3(1), the proviso of Article 3(2)7 and 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 154 Subparag. 2 and Article 43 of the Road Traffic Act concerning the crime;

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