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(영문) 대구지방법원 2013.04.18 2013고단1490
교통사고처리특례법위반등
Text

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

Reasons

Punishment of the crime

On November 8, 2011, the Defendant was sentenced to 6 months of imprisonment and 2 years of suspended execution for a violation of the Road Traffic Act at the Daegu District Court on November 8, 2011, and was punished for driving under the influence of alcohol on the 16th of the same month as the above judgment became final and conclusive.

1. The defendant is a person who is engaged in driving of Cwing and Ⅲ cargo vehicles in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, the Road Traffic Act, and the Road Traffic Act (driving without a license).

On November 25, 2012, at around 03:00, the Defendant driven the above cargo while under the influence of alcohol of 0.115% without obtaining a driver’s license for a motor vehicle, and led to the driving of the above cargo in the state of alcohol concentration of 0.115%, which is in front of the third-distance road in the Gyeongsan-si, Sinsan-si, as a person who is in future

In this case, a person engaged in driving of a motor vehicle has a duty of care to prevent traffic accidents by safely maintaining a sufficient distance from the front, while a person engaged in driving a motor vehicle.

Nevertheless, the Defendant neglected to do so and proceeded as it is, while driving the victim D(36 years of age) in front of the Defendant, who is going to the front side of the Defendant, led to the back part of the Defendant’s cargo vehicle to the right side of the front-hander.

As a result, the defendant suffered from the victim's negligence in the above business so that he was in need of two weeks of medical treatment.

2. The owner of an automobile in violation of the Guarantee of Automobile Accident Compensation Act shall not operate an automobile on the road which is not covered by mandatory insurance;

Nevertheless, the Defendant, at the above date and place, operated the Defendant’s cargo vehicle on the road without purchasing a mandatory motor vehicle insurance policy.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. A report on the occurrence of a traffic accident;

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