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(영문) 대전지방법원 2014.04.30 2013고단4554

교통사고처리특례법위반등

Text

A defendant shall be punished by imprisonment for six months.

except that 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

The defendant is a person engaged in driving a C-A-Wurt Motor Vehicle.

On September 30, 2013, the Defendant driven the said car with a blood alcohol concentration of 0.077% 0.07% while under the influence of alcohol around 18:10 on September 30, 2013, and continued to drive the said car with a single-lane asphalt road from the gold-Eup Myeon to the gold-side surface.

In this case, a person engaged in driving service has a duty of care to proceed at a safe speed and method depending on his/her own lane because the center line of yellow solid lines is installed and a bend road.

Nevertheless, the Defendant neglected this and went through the opposite lane due to the negligence of the center line of yellow-ray, thereby leading the victim D(70 years of age) driving, which was driven in the opposite lane, to the front part of the car operated by the said Defendant.

Ultimately, the Defendant caused the victim to suffer bodily injury, such as an injury caused by an occupational negligence, which requires approximately eight weeks of medical treatment.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Statement of D police statement;

1. A photograph of the scene of the accident, vehicle photograph, image recording device, and diagnostic report on a piracy vehicle;

1. A copy of the report on detection of a host driver, the report on circumstantial statements of a host driver, and the notice of completion of correction;

1. Application of Acts and subordinate statutes to a copy of verification of automobile insurance;

1. Article 3 (1), the proviso to Article 3 (2) 2 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Article 148-2 (2) 3 of the Road Traffic Act (the main driving point and the choice of imprisonment) concerning criminal facts;

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

1. Although the result of the crime of sentencing under Article 62 (1) of the Criminal Act is not less severe, it has not been punished as a penalty, has not been covered by a comprehensive automobile insurance, and it has partially deposited the amount of damage for the victim;