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(영문) 부산지방법원 2016.10.28 2015고단5079
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for one year.

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

On November 17, 2014, the Defendant was sentenced to a fine of KRW 3 million due to a violation of the Road Traffic Act (driving) by the Busan District Court on November 17, 2014, and on April 10, 2013, the Defendant was issued a summary order of KRW 1.5 million by the same court on April 10, 2013.

1. The defendant is a person who is engaged in driving of a vehicle B in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, the Road Traffic Act (unlicensed driving, drinking driving) and the Road Traffic Act;

On March 6, 2015, at around 23:09, the Defendant driven the foregoing cargo vehicle while under the influence of 0.109% of blood alcohol concentration without obtaining a driver's license for a motor vehicle, and was driving the DNA telecom in front of the Damo apartment zone in Busan East-gu, Busan, with the area of Sejong Hospital from the antidora Apartment apartment bank to the area of Sejong Hospital.

At that time, the Defendant had a duty of care to prevent the occurrence of an accident, such as not moving back, in a case where it is apprehended to interfere with the normal passage of other vehicles by checking well the rear side while driving a vehicle by a victim E (the age of 28) who followed the vehicle behind the Defendant’s vehicle in the same direction.

Nevertheless, under the influence of alcohol, the Defendant was able to take the front part of the victim's driver's driver's driver's vehicle with the load of the cargo that the Defendant is driving on the above otoba while neglecting this in a proper manner.

As a result, the Defendant suffered injury, such as salt panions requiring treatment for about two weeks by occupational negligence as above, and at the same time damaged the above Oral Sea to the extent that the repair cost, such as the cost for exchange of a panion, is equivalent to 717,000 won.

2. Where any person who violates the Guarantee of Automobile Accident Compensation Act operates a vehicle which has not been covered by mandatory insurance, the accused shall carry the automobile mandatory insurance at the same date and time as paragraph (1).

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