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(영문) 창원지방법원 밀양지원 2013.09.26 2013고단201
교통사고처리특례법위반등
Text

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

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

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, and the violation of the Road Traffic Act (driving) by the Defendant is a person who is engaged in driving a B liquid vehicle.

On January 29, 2012, the Defendant was under the influence of alcohol with 0.125% of blood alcohol content around 13:43, and the Defendant was driving the said car, and was under the influence of 0.125% of the said car, and was under the influence of the said car, and was under the influence of the Defendant’s operation of the said car, and was under the influence of the Defendant’s operation of the said car to glad the front

Since there is a frequent traffic intersection, there was a duty of care to safely proceed by temporarily stopping or slowly passing through the intersection.

Nevertheless, the Defendant, while being under the influence of alcohol, neglected to enter the intersection as seen above, and was driving at the boundary of the police station, instead of opening and leaving the market, and was driving by the victim C (hereinafter 63) on the left-hand side of the DNA-learning passenger vehicle operated by the victim C (hereinafter 63), thereby causing the victim to suffer injury, such as dial salt, tensions, etc., for about two weeks in need of medical treatment.

2. No driver of any motor vehicle violating the Guarantee of Automobile Accident Compensation Act shall drive any motor vehicle on a road which is not covered by mandatory insurance;

Nevertheless, the defendant operated a car with an amount of money that was not covered by mandatory insurance at the date, time, place, etc. of Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in C;

1. The actual condition survey report;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Mandatory insurance policies;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3(1), the proviso of Article 3(2)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 46(2)2, and Article 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts (hereinafter “Act on Special Cases concerning the Settlement of Traffic Accidents”).

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