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(영문) 창원지방법원밀양지원 2020.11.10 2020고단41
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[Criminal Power] On August 11, 2016, the Defendant was sentenced to a fine of KRW 6 million for a violation of the Road Traffic Act (driving) in the Changwon District Court’s Smuggling support.

【Criminal Facts】

1. The defendant is in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) that is a person engaged in driving BH10 Oba.

On November 8, 2019, at around 18:15, the Defendant, without a motorcycle driver's license for a motorcycle, driven the above Otoba, which was under the influence of 0.348% of the blood alcohol concentration, but was not covered by the mandatory insurance, led the Defendant to drive the above Obaba, which was under the influence of 0.348% of the blood alcohol concentration, and proceeded into Eba in front of the C Village

Since there is a place where the center line of yellow-ray is installed, a person engaged in driving service has a duty of care to prevent accidents in advance by thoroughly operating the motor vehicle in a clear spirit and safely operating the motor vehicle in a safe manner.

Nevertheless, the Defendant neglected this and neglected to turn to the left on the left side of the right-hand side of the proceeding direction by neglecting it, and by neglecting it, was driven by the victim F.(29 years of age) who was driving on the opposite side of the G cruise car operated by the victim F.(29 years of age).

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of treatment due to occupational negligence.

2. The Defendant violated the Road Traffic Act, the Road Traffic Act, and the Guarantee of Automobile Accident Compensation Act: (a) at the time, place, and without a motorcycle driver’s license, the Defendant driven B H100 clobs not covered by mandatory insurance while under the influence of alcohol with a blood alcohol concentration of 0.348% without a motorcycle driver’s license.

Accordingly, the Defendant driven a motor vehicle, etc. at least twice while under the influence of alcohol.

Summary of Evidence

1. A written statement of the defendant in court;

1. A traffic accident inspection report, the scene of a traffic accident, and vehicles;

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