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(영문) 대전지방법원 2012.12.27 2012고단3294

교통사고처리특례법위반등

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A defendant shall be punished by imprisonment for not less than eight months.

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

"2012 Highest 3294"

1. On August 13, 2012, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents and the Road Traffic Act: (a) while under the influence of alcohol 0.149% by blood alcohol concentration on the 19:31, 2012, the Defendant was driving a one-lane road in front of the Jung-gu, Daejeon-gu State Port of Twit-dong.

At the time, it was at night, and the location of the vehicle has many traffic of the vehicle, so a person engaged in driving service has a duty of care to prevent accidents in advance due to the front-time situation.

Nevertheless, as the Defendant neglected to stop the signal waiting at the front of the Defendant vehicle, the part concerning the back part of the victim C's Karen car which was under the influence of the signal waiting at the front of the Defendant vehicle was concealed into the front part of the Defendant vehicle.

Accordingly, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of treatment for about two weeks due to such occupational negligence, and at the same time destroyed the damaged vehicle in excess of 315,700 won.

2. The Defendant violated the Road Traffic Act (driving) and the Guarantee of Automobile Accident Compensation Act, without purchasing a mandatory insurance policy for motor vehicles at the time and place specified in the preceding paragraph, driven B ccke-do motor vehicle with a blood alcohol concentration of 0.149% under the influence of alcohol.

around 22:16 on September 28, 2012, the Defendant driven B-car under the influence of alcohol content of about 0.164% on a section of approximately 500 meters before the 119 Emergency Center located in the same Gu and Dong from the Do in front of a mutually unclaimed restaurant in the Jung-gu Daejeon-gu Daejeon to the front of the 119 Emergency Center.

Summary of Evidence

"2012 Highest 3294"

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. A written diagnosis and written estimate;

1. Traffic accident report, report on detection of a drinking driver, and report on the circumstantial statement of a drinking driver;

1. "2012 Highest 4100" in a criminal investigation report;

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Ethical letter 1.