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(영문) 대전지방법원 공주지원 2013.05.24 2013고단53
교통사고처리특례법위반등
Text

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

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 engaging in driving a vehicle C or another vehicle.

At around 00:00 on October 12, 2012, the Defendant proceeded along the two-lanes of the two-lane 235.6 km-dong Mansan Highway, Manju-dong, Manju-dong.

At the time, it was at night and there was a place where the front view is not easily visible due to the stormer road installed as a central separation cost, so in such a case, there was a duty of care to operate the steering gear and brake system accurately and safely under the influence of alcohol for a person engaged in driving a motor vehicle.

Nevertheless, the Defendant was under the centralized separation zone while driving down the side-way to the right side of the direction by neglecting to excessively operate the steering gear while under the influence of alcohol concentration of 0.095%.

In the end, the Defendant suffered serious injury, such as breast-feeding damage in need of treatment for about six months, to victims D (year 41) who were aboard the Defendant’s vehicle due to such occupational negligence.

2. Around 00:00 on October 12, 2012, the Defendant violated the Road Traffic Act (driving without a license) and the Road Traffic Act (driving without a license) driving a C B-T car without a driver’s license in the state of being drunk from the Defendant’s residence in Seo-gu, Seoan-gu, Seoan-gu, Seoan-si, Seoan-si to the point of 235.6 km on the west-dong, Seoan-dong, Seoan-dong, Seoan-dong, Seoan, Seoan-dong, Seoan, Seoan, to the point of 235.6 km from 40km

Summary of Evidence

1. Defendant's legal statement;

1. Postal records concerning D;

1. The actual survey report and the accident site photograph;

1. The circumstantial statement of the employee, the report on detection of the employee, and the circumstantial report of the employee;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes of a medical certificate;

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 and Article 148-2 of the Road Traffic Act concerning criminal facts;

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