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(영문) 대구지방법원 서부지원 2016.10.27 2016고단1801
교통사고처리특례법위반(치상)등
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

Punishment of the crime

【Criminal Power】 On December 7, 2011, the Defendant received a summary order of KRW 1,500,000,000 from the Seo-gu District Court Branch of the Daegu District Court to a fine for a violation of the Road Traffic Act. On June 15, 2015, the Defendant received a summary order of KRW 5 million as a fine for the same crime in the same court.

【Criminal Facts】

1. On August 15, 2016, the Defendant, without a driver’s license, driven a 499c two-wheeled vehicle without a license, while under the influence of alcohol at approximately 0.226% in the section of about 10km in front of the road in the middle-gu, Daegu-gu, Daegu-gu, Seoul-gu, the monthly distribution of the road near the alley-gu, Daegu-gu, Daegu-gu, and at approximately 10km in front of the road in the middle of 317.

Accordingly, the Defendant, without a driver's license, driven a motor vehicle under the influence of alcohol even though he had a record of punishment for driving a motor vehicle more than twice.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act driving a two-wheeled automobile without a number plate which was not covered by mandatory insurance at the date and place specified in paragraph (1).

3. The Defendant violating the Act on Special Cases concerning the Settlement of Traffic Accidents is a person engaging in driving a two-wheeled motor vehicle without a license plate.

The defendant driving a two-wheeled vehicle above the temporary border as set forth in paragraph (1) and driving a four-lane road in front of the 317th century in the Seogu-gu, Seogu, Daegu, with the direction of the two-lanes from the boundary of the neighboring market distance to the direction of the two-three-lane.

In such cases, the driver has a duty of care to safely drive the driver in a way that he/she well sees the front left.

Nevertheless, due to the negligence of being negligent in driving while driving in three lanes ahead of the defendant, the defendant's two-wheeled parts of the CK5 vehicle behind the left side of the two-wheeled vehicle of the victim B (the 20-year-old driver) who was stopped for the signal atmosphere.

Ultimately, the Defendant’s occupational negligence requires two weeks’ medical treatment to the victim B.

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