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(영문) 대전지방법원 2013.09.12 2013고단2282

교통사고처리특례법위반등

Text

A defendant shall be punished by imprisonment for one year.

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

On June 9, 2008, the Defendant was punished by a fine of KRW 700,00 for a violation of the Road Traffic Act at the Seoul Western District Court on June 9, 2008, and a fine of KRW 1.5 million by the same court on June 5, 2009, and was punished twice for a violation of the Road Traffic Act (driving).

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 a DYFI car.

On April 27, 2013, at around 00:15, the Defendant driven the said car with a alcohol content of 0.137% 0.15%, and led to a five-lane road in front of the straight-line distance in the Seo-gu Daejeon, Seo-gu, Daejeon, to proceed at about 15km each other at the speed of about 15km from the direction of the government office.

At the time, the F K5 car of the victim E(31 years old) driver was stopped in order to signal the atmosphere, so there was a duty of care to prevent the accident by driving the car well, reducing the speed and safely driving the vehicle.

Nevertheless, the Defendant neglected to do so and proceeded as it is, thereby, received the part behind the right part of the victim's driving vehicle by driving the vehicle in front of the left part of the vehicle.

Ultimately, the Defendant suffered injury to the victim E and the victim G (the 30 years old) who was a partner of the said K5 car due to the occupational negligence above, for approximately two weeks of treatment.

2. The Defendant, as stated in the above criminal records, was a person who had been punished twice for a violation of the Road Traffic Act, and once again driven the above YF rocketing car while under the influence of alcohol at the above time and place.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of E and G;

1. Traffic accident report and accident report of an employer-employed driver;

1. Each written diagnosis and written estimate;

1. Criminal records and investigation reports, and records of drinking driving;