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(영문) 춘천지방법원 원주지원 2014.11.11 2014고단638
상해등
Text

A defendant shall be punished by imprisonment for not less than five months.

Reasons

Punishment of the crime

1. On July 14:17, 2014, the Defendant driven a non-registered motorcycle under the influence of alcohol by 0.112% without a motorcycle driver’s license, from the road where the address below the Dobong-dong at Won-si in the original city cannot be known to the roads in front of the D convenience store in the original city C, the Defendant driven a non-registered motorcycle under the influence of alcohol by 0.112% without a motorcycle driver’s license.

2. The Defendant violating the Road Traffic Act is a person who drives a unregistered motorcycle.

The defendant was running from the south side of the Seoul metropolitan city to the distance of environmental office building from the south side of the D convenience point in the Seoul metropolitan city.

There are two-lane roads, and the victim E (the 40-year-old) is driving in the same direction and is driving in the same direction, so there was a duty of care to ensure that a person engaged in driving service has a duty of care to drive safely by thoroughly maintaining the front-time hours and maintaining the safety distance.

Nevertheless, the Defendant neglected this and found it late to stop the victim E’s car due to negligence driving close to the victim’s car, but did not stop, and shocked the part of the Defendant’s motor vehicle with the front wheel of the motorcycle.

Ultimately, the Defendant damaged the car owned by the victim E by the above occupational negligence to the extent of KRW 972,090, such as the backper.

3. The Defendant violating the Guarantee of Automobile Accident Compensation Act is a person who possesses a unregistered motorcycle.

The Defendant operated the above motorcycle, which was not covered by mandatory insurance at the time and place specified in the above Paragraph 2.

4. The injured Defendant attempted to leave the scene after paying the traffic accident at the time, place, as described in the above Paragraph 2 above, but when the above victim E gets off his motor bicycle and restrains it, the victim’s right side and back.

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