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대전지방법원 2015.02.09 2014고단3808

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.


Punishment of the crime

1. The Defendant is a person who is engaged in driving a wing and cargo vehicle B in violation of the Road Traffic Act, the Act on Special Cases concerning the Settlement of Traffic Accidents, and the Road Traffic Act;

On September 27, 2014, at around 19:30, the Defendant driven the said car while under the influence of alcohol with 0.090% of alcohol concentration, and continued the front road of the Dong-gu Daejeon-gu General Social Welfare Center at the same Dong-gu Social Welfare Center at the same Dong-dong distance room.

At the time, the Defendant was under the influence of alcohol and was an intersection where signals, etc. are installed, so in such a case, the driver of a motor vehicle was obliged to immediately stop driving to the person engaged in driving the motor vehicle, but in the event of inevitable driving, the driver was obliged to safely drive the motor vehicle by checking well the left.

Nevertheless, the Defendant neglected this and went through the intersection by negligence and received the back portion of the DMW car driven by the victim C(33 years old) who was going through the intersection, as the front portion of the above cargo vehicle.

Ultimately, the Defendant by such occupational negligence inflicted injury on the victim C, the victim E (WW, 78 years old), the victim F (WW, 56 years old), and the victim G (WW, 28 years old), who was on the same line, for approximately two weeks of medical treatment, such as catheral catitis and datal datal catal chatitis, which require approximately two weeks of medical treatment, and at the same time, damaged the said car to cover KRW 3,809,830 at repair cost.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act operated the cargo vehicles mentioned in paragraph (1) that did not purchase mandatory insurance at the time and place mentioned in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Each statement;

1. Reports on traffic accidents, reports on accident-seeking drivers, and mandatory insurance policies;

1. Application of each written diagnosis and written estimate under Acts and subordinate statutes;

1. Article 3 of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents concerning criminal facts