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(영문) 대전지방법원 서산지원 2014.02.06 2013고정218

교통사고처리특례법위반등

Text

Defendant shall be punished by a fine of KRW 7,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who serves as a driver of Bsch Rexton car.

On April 1, 2013, the Defendant driven the above vehicle while under the influence of alcohol of 0.062% of blood alcohol concentration at around 00:30, and driven the above vehicle along the two-lane road along the intersection 264.7km away from the West-Eup, Chungcheongnam-do.

In this case, a person engaged in driving service has a duty of care to accurately operate the steering system, brakes and other devices of his/her vehicle and not drive his/her vehicle at such speed or in such a manner as may cause any danger and injury to others according to the traffic conditions of the road and the structure and performance of the vehicle.

Nevertheless, the Defendant neglected this and proceeded as it is, due to negligence, and the part on the side side of the loading of the Drain Cargo Vehicle driven by the victim C (year 54) who was driving on the three-lanes in the front side of the course, was shocked with the right-hand part of the above vehicle.

The Defendant got injury to the victim C by occupational negligence, such as “influoral salt and tension,” which requires approximately three weeks of medical treatment.

2. The Defendant is a person who has a record of punishment for a violation of the Road Traffic Act (driving) on April 29, 2008 and on November 9, 2009.

The Defendant driven the said vehicle under the influence of alcohol concentration of 0.062% from the front day of the Myeoncheon Tolopthy in the Myeoncheon-si, Myeoncheon-do, Myeoncheon-do to the point where the said accident occurred, at approximately 10 kilometers from the Myeoncheon-do, Myeoncheon-do.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The actual condition of traffic accidents;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Registers of driver's licenses, and car4;

1. A medical certificate;

1. Each report on investigation;

1. Previouss before ruling: Criminal records and investigation reports, and suspects;