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(영문) 대전지방법원 2014.03.20 2013고단2351

교통사고처리특례법위반등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant was sentenced to a fine of KRW 1.5 million in Daejeon District Court on April 1, 2008 for a violation of the Road Traffic Act (driving) and was sentenced to a fine of KRW 2 million in the same court on June 9, 2009, and was sentenced to a fine of KRW 2 million in the same court on July 13, 201, and was sentenced to a suspension of execution for 4 months by the same court on July 21, 201 for a violation of the Road Traffic Act (driving) and the said judgment became final and conclusive on July 21, 201.

1. Around 21:50 on June 30, 2012, the Defendant driven CSM520 automobiles under the influence of alcohol content 0.153% from the 2km section of around 2km to the string road in front of a mutually aesthetic restaurant located in the Seo-gu Seo-gu Daejeon Special Metropolitan City, Seo-gu, by around 21:55 on the same day.

2. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person engaging in driving a passenger car.

On June 30, 2012, at around 21:55, the Defendant driven the said car under the influence of alcohol, and driven it along two-lanes from the distance from the distance from the high-speed village along which the five-lane roads in front of the motor vehicle, Seo-gu, Daejeon.

At the time, she is placed at night, she is placed at the same direction, and she is behind the EM3 car driven by the victim D (the age of 33). Thus, the defendant engaged in driving of the motor vehicle has a duty of care to prevent accidents in advance, such as securing safety distance to avoid the suspension of the motor vehicle, and driving the motor vehicle in advance.

Nevertheless, the defendant, while under the influence of alcohol, drives a vehicle by negligence without keeping the front line well, finds it late to stop according to the vehicle stop signal at the front line, and makes a sudden operation to avoid this. However, the defendant did not avoid it, and the victim was driving a vehicle in front of the motor vehicle of the defendant.