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(영문) 춘천지방법원 속초지원 2014.06.18 2014고단107

교통사고처리특례법위반등

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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 of the final judgment.

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 engaged in driving a B-to-pur vehicle.

On March 10, 2014, the Defendant driven the said car on March 10, 2010, while driving the said car, and driving the two-lane road in front of the Gangseo-gu Office in 3512 in the East Sea, along the two-lane distance from the front side of the territorial sea, under the influence of alcohol content of 0.058% in blood alcohol content.

In such cases, a driver has a duty of care to prevent accidents in advance by safely driving a driver who is engaged in driving service by taking into account the front, rear, and left and right.

Nevertheless, under the influence of alcohol, a pedestrian signal, etc. installed on the right-hand side of the proceeding was set up as the front-hand part of the Defendant’s driver’s vehicle.

Ultimately, the Defendant suffered injury, such as the pressure frame 1, which requires approximately 8 weeks of medical treatment, to C (at the age of 25) who was on board the said vehicle with the foregoing occupational negligence.

2. Around 00:05 on March 10, 2014, the Defendant driven the said vehicle from the Daeyang-si parking lot located in Taeyang-si, Sinpo-si on the same day to the front road of the 3512m section of the Gangseoyang-gun, Gangwon-do, as the same day, while under the influence of alcohol with a blood alcohol concentration of about 0.058% at the 2km section from the 3512m section to the 3512nd road.

Summary of Evidence

1. Defendant's legal statement;

1. C’s written statement;

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

1. Statement of employer-employed drivers, and statement of employer-employed drivers;

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

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 3 (1) and Article 3 (2) 8 of the Act on Special Cases concerning the Selection of Traffic Accidents

1. Aggravation for concurrent crimes;