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(영문) 춘천지방법원 속초지원 2013.06.05 2013고단4

교통사고처리특례법위반등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Around 02:15 on December 21, 2012, the Defendant: (a) driven a wre vehicle B with a blood alcohol content of about 0.113% under the influence of alcohol on a section of about 2km from the front side of the Samnam Apartment apartment located in the Young-si, Young-si; (b) around 02:20 on the same day to the entrance road of the competent police station located in the same Dong.

2. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving a leisure car B.

On December 21, 2012, at around 02:20, the Defendant driven the above vehicle while under the influence of alcohol of 0.113% of blood alcohol concentration, and was driving the said vehicle at the entrance of the Seocho Police Station at the Seocho-si from the Tri apartment to the Sucho Police Station at the Seocho-si.

At the time, there is a three-distance intersection where a yellow on-and-off signal, etc. is installed, so there was a duty of care to check whether a person engaged in driving duty is a vehicle driven in the opposite direction and safely check whether there is a vehicle driven in the opposite direction, and prevent the accident in advance.

Nevertheless, the Defendant neglected to do so and received the front portion of the D Poter Cargo Driving in the direction opposite to beeal by the injured party C (the age of 59) who was driving in the direction opposite to beeal due to the negligence of the Defendant, in front of the right side of the Defendant vehicle.

Ultimately, the Defendant suffered injury, such as cage cages at 7 times on the right side of the victim, which requires approximately four weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A report on the occurrence of a traffic accident, a report on actual condition investigation, and a photograph concerning a traffic accident;

1. A report on detection of a host driver;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, Article 3 (1) and the proviso to Article 3 (2) 8 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act;

1. The Criminal Act among concurrent crimes.