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(영문) 광주지방법원 2014.04.01 2013고단2885
교통사고처리특례법위반등
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 of the final judgment.

Reasons

Punishment of the crime

1. The defendant is the owner of C Truck in violation of the Road Traffic Act, the Road Traffic Act, and the Guarantee of Automobile Accident Compensation Act.

On May 9, 2013, at around 22:00, the Defendant driven the said truck without obtaining a driver’s license in approximately 4 km section from the front of the flow distance in the Southern-gu Busan-gu, Gwangju-gu, to the front of the flow distance in front of the flow distance, around 22:18, the Defendant driven the said truck without being covered by mandatory insurance at approximately 0.204% under the influence of alcohol content.

2. The accused who violates the Act on Special Cases concerning the Settlement of Traffic Accidents and the Road Traffic Act is a person engaged in the driving of C Truck;

On May 9, 2013, the Defendant, around 22:18, proceeded in the direction of Samsung Hospital from the direction of the Yang Dong-dong market.

At night, the Defendant was under the influence of alcohol without a driver’s license, and even if he was unable to drive, the part of the back part of the victim D (the age of 51) drive, which was in the signal atmosphere at the front of the truck, was received as the front part of the truck.

Accordingly, the Defendant caused injury to the victim, such as “finites and tensions,” which requires treatment for about two weeks by occupational negligence as above, and at the same time destroyed the said car to cover approximately KRW 2,962,879, such as exchange of back pans.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police suspect interrogation protocol against the accused;

1. Written statements of D;

1. A survey report on actual condition, a report on actual status of a driver, a report on actual status of a driver, a report on actual status of a driver, and an investigation report;

1. A driver's license ledger, mandatory insurance bureau, diagnosis certificate, and estimate;

1. Application of statutes on site photographs;

1. Article 3(1), the proviso of Article 3(2)7 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the Road Traffic Act, concerning criminal facts.

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