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Reasons
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(영문) 대전지방법원 서산지원 2014.10.23 2013고단850
교통사고처리특례법위반등
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A defendant shall be punished by imprisonment for not more than ten months.

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

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 duties of unregistered Oraloc (49c).

On October 23, 2013, at around 16:30, the Defendant driven a Obane while under the influence of alcohol concentration of 0.172% from the marbanum terminal in the front of the Hanban-si, Seosan-si. So, the Defendant was driving the Oba in front of the Hanban-si.

The location is the direction for prohibiting entry into one-way road, and there is a lot of passage for people, so no one shall enter the same direction, and even if entering the same, there is a duty of care to prevent accidents in advance by properly examining the front and rear left.

Nevertheless, the Defendant, who entered the direction of prohibition of entry into one-way traffic, was faced with C above by negligence going forward as it is.

Accordingly, the defendant suffered injury to the victim, such as kne kne, part of the right kne, which requires treatment for about six weeks.

2. Violation of the Road Traffic Act (driving) the Defendant was driving the above urbly under the influence of alcohol content of 0.172% from the entrance of the Dong-dong, Seomun-dong, Seomun-gu, Seomun-si to the front day of the Hando Water Packaging, the location of the said accident site, to the Hando Water Packaging.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. A fact-finding survey report and a report on detection of a host driver;

1. Application of Acts and subordinate statutes of the general medical certificate;

1. Article 3 (1), the proviso to Article 3 (2) 1, and Article 3 (2) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, the Article 268 of the Criminal Act, Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The defendant's assertion of Article 62-2 of the Criminal Act regarding community service and lecture attendance order shall be judged.

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