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(영문) 대전지방법원 2014.12.09 2013고단2618

교통사고처리특례법위반등

Text

A defendant shall be punished by imprisonment for six months.

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 is engaged in driving of Branchis.

On June 2, 2013, the Defendant driven the above vehicle under the influence of alcohol of 0.176% with a blood alcohol concentration of 0:50%, and led the Defendant to proceed to the Taebong Village in front of the Taeyang-gun, Chungcheongnamsan-gun, the Mansan-gun, the direction of which is located in the direction of the Mansan-gun.

Since there is no distinction between the sidewalk and the roadway, there are parking vehicles on the side of the road and the access road to a village with many pedestrians, the person engaged in driving service has a duty of care to check and drive the course safety by accurately operating the steering direction and the brake system.

Nevertheless, the Defendant neglected to do so and negligently got a part of the victim C(26 years old)'s blue part on the left side of the vehicle driving by the Defendant, which was left on the left side of the same direction.

Ultimately, the Defendant suffered injury, such as elbows, which requires approximately two weeks of treatment, due to the negligence in the above business.

2. The Defendant violated the Road Traffic Act (driving a sound driving) in a state of under the influence of alcohol of 0.176% in a section of about 400 meters from a restaurant where it is impossible to identify the trade name in the Mari-ri, Geumsan-gun, Chungcheongnam-gun, Geumsan-gun, a temporary border, such as the foregoing 1.1.

Summary of Evidence

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

1. Statement of the police statement regarding C;

1. A report on detection of a host driver;

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

1. Article 3 (1), the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Of concurrent crimes, the lower limit under the former part of Article 37, Article 38(1)2 and (2), and the proviso of Article 50 of the Criminal Act;