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(영문) 의정부지방법원 2013.12.19 2013고단4032
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of a package freight vehicle B;

1. On October 4, 2013, while under the influence of alcohol at around 0.114% of blood alcohol level on the violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents, the Road Traffic Act ( sound driving) and the Road Traffic Act (hereinafter referred to as 0.14% of blood alcohol level on October 23, 2013), three-lanes of “influence distance” are driving along two-lanes from the government bank to the potent bank. In such a case, there is a vehicle signal, etc., the driver engaged in the driving of the vehicle is driving ahead of the same direction in the same direction as a consequence of occupational negligence, which is driven under the influence of alcohol by neglecting his/her duty of care, even though he/she has a duty of care to prevent accidents by accurately manipulating the steering and the left and the left in a clear mind.

The part of the victim C(38 years old) driving in the signal signal atmosphere did not discover the d SM5 car volume of the victim C(38 years old) driving and shocking the back part of the damaged vehicle into the front part of the Defendant’s vehicle, thereby causing injury to the victim C and the victim E (V, 39 years old) who is the victim C and the passenger E (V, 39 years old) by providing approximately two weeks medical treatment, and at the same time, damage the damaged vehicle to the damaged vehicle with the repair cost of KRW 938,389, such as “the exchange of finites,” etc.

2. At the same time and place as above '1' violation of the Guarantee of Automobile Accident Compensation Act, the above B Poter cab was operated without mandatory insurance.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Each written diagnosis;

1. A report on detection of a host driver;

1. Mandatory insurance policies;

1. The actual condition survey report;

1. Application of the photographic Acts and subordinate statutes;

1. Article 3(1) of the relevant 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 151 of the Road Traffic Act, and Article 3(1) of the same Act concerning criminal facts.

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