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(영문) 대전지방법원 2014.05.29 2014고정635
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 3,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is engaged in driving of the ESFM car.

1. On January 28, 2014, the Defendant driven the said vehicle while under the influence of alcohol of 0.101% of alcohol concentration at a 07:11%, and driven the five-lane road in front of the Corporation’s oil station located in the Daejeon Seo-gu Daejeon-dong toward the direction of the Taeduk Police Station from the new intersection.

At that place, there is an intersection where signal lights are installed.

In such cases, the driver of a motor vehicle has a duty of care to confirm whether there is a motor vehicle traveling along the intersection by reducing speed and checking the side well, and to prevent accidents by driving safely according to the traffic signal in advance.

Nevertheless, the defendant neglected this and continues to proceed at the same speed in violation of the signal, even though the signal is changed to a stop signal.

From the right side of the progress direction to the left side of the vehicle of the defendant, the victim C (Nam, 29 years old) driven by the crossing in accordance with the new code has conflicted into the front side of the vehicle of the defendant.

As a result, the Defendant suffered, by negligence, injury to the victim, such as brain salvine, sallle and tension of sallle, sallle of sallle, sallle of sallle, sallle of sallle, etc.

2. The Defendant, like the foregoing 1. paragraph, driven a vehicle mentioned in the preceding port while under the influence of alcohol content of about 8 km from the day before a mutually aesthetic restaurant located in the Daejeon Seo-gu Daejeon-dong, to the front road of the public corporation located in the Daejeon Seo-gu, Daejeon-dong, Seoyeong-gu, Daejeon-dong, with approximately 0.101% alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. An investigation report on the actual condition of traffic accidents, a report on the detection of drinking drivers, a report on the circumstantial statement of drinking drivers, and a report on the results of the control of drinking driving;

1. Application of Acts and subordinate statutes of injury diagnosis certificates and photographs;

1. Article 3 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts

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