logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2014.09.18 2013고단3910
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of Bone Star Co., Ltd.

On April 1, 2010, at around 01:40, the Defendant driven the said van without obtaining a driver's license with a blood alcohol concentration of 0.156%, and led the Defendant to go straight ahead of the two-lane of the “D” restaurant located in Daejeon U.S. C., in the direction of the area of the Seol-Tol-si.

At night, the defendant is in the state of drinking at night, and the defendant is in the state of drinking immediately before, so it is not required to drive the driver, and the driver has a duty of care to operate the brake and steering gear in a clear spirit after the drinking is finished.

Nevertheless, the Defendant was under the influence of alcohol, without properly operating the steering gear, with the negligence of shocking the central separation zone, scambling the central line, and scambling on the opposite side of the road, and received the Fluent part of the victim E(38 years old) driving, which was going straight down on the opposite side of the road, with the left side of the vehicle left and the pentum part of the Defendant’s driving.

Ultimately, the suspect suffered injury, such as light fluoral salt, which requires approximately three weeks of medical treatment, due to the above occupational negligence.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Each police statement of E;

1. The actual survey report (No. 1 on the evidence list);

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. A medical certificate;

1. Application of the statutes on the register of driver's licenses;

1. Article 3(1) and proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 subparag. 1 and Article 44(1) of the former Road Traffic Act (amended by Act No. 10382, Jul. 23, 2010); Article 152 subparag. 1 and Article 43 of the former Road Traffic Act (amended by Act No. 10790, Jun. 8, 201) concerning criminal facts.

arrow