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(영문) 대전지방법원 2014.04.16 2014고정310
교통사고처리특례법위반등
Text

1. Defendant shall be punished by a fine of 5,000,000 won;

2. Where the defendant does not pay the above fine.

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 who drives a vehicle B with a vehicle.

On November 13, 2013, at around 02:30, the above vehicle was driven while under the influence of alcohol of 0.126%, and the two-lane road in the DN-gu Daejeon Pung-gu C was driven along one-lane from the lux hotel room to the lux high school.

At the time, the victim E (E), who was driving in the same direction as the defendant at the time, had the F-hurbed car driven by the victim E (E), so the person engaged in driving service shall safely drive the vehicle by making it well known, securing safety distance, etc., and the person engaged in driving service has a duty of care to not drive the vehicle while it is difficult to drive the vehicle normally due to drinking.

Nevertheless, under the influence of alcohol, the Defendant was in the front part of the vehicle in front of the vehicle in front by the Defendant, with the negligence of driving the back part of the vehicle of Aburged.

Ultimately, the Defendant suffered, as a result, from occupational negligence in the course of driving a motor vehicle in a situation where normal driving is difficult due to such drinking, the injury of the victim, such as the catitis that requires a two-day medical treatment, and the injury of the catum base that requires a two-day medical treatment to the passenger G (ma, 27 years old).

2. The Defendant violated the Road Traffic Act (driving) at the above date, at the above place, driven the abovero-car while under the influence of alcohol 0.126% of the blood alcohol concentration from the 50-meter section in front of the business day day of the Daejeon Pung-gu Empodong.

Summary of Evidence

1. Defendant's legal statement;

1. An accident site photograph;

1. A written report from an employee of an employer;

1. The circumstantial statement of the employee;

1. Each written statement of E and G;

1. Application of each written diagnosis (E, G) statute;

1. Article 3(1), the proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the injury caused by occupational negligence) and the Road Traffic Act concerning criminal facts.

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