(영문) 대전지방법원 2012.09.27 2011고단4444

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(영문) 대전지방법원 2012.09.27 2011고단4444

교통사고처리특례법위반등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of B Poter cargo vehicles.

On September 27, 2011, the Defendant, without a driver’s license around 00:40 on September 27, 201, driven the foregoing cargo vehicle while under the influence of alcohol of 0.089%, led to the front side of the Sitopy of Daejeon, which is located in the Dong-dong of Daejeon, toward the direction of tin-Dong from the direction of the roof-dong.

At the same time, there was an intersection where no signal has been installed, so in such a case, the driver of the motor vehicle had a duty of care to look at the right and the right and the right and the right and the right and the right and the right and the right of the driver of the motor vehicle, and to accurately manipulate the steering gear and the brake system so as

Nevertheless, the Defendant neglected this and received the front portion of the D non-MW car (BMW) drive by the injured party C (38 years old) driving on the left side from the front part of the above cargo vehicle as it is, and followed, and received the front portion of the FF Poter freight owned by the injured party E, which was parked on the right side of the above cargo vehicle, into the rear part of the above cargo vehicle.

Ultimately, the Defendant, by occupational negligence, sustained injury to the said C, such as the “finite finite,” which requires approximately two weeks of medical treatment, and damaged the said D-car to be equivalent to KRW 11,084,840 as repair cost, and damaged the said F-freight to be equivalent to KRW 480,620 as repair cost.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. E statements;

1. The actual survey report on traffic accidents;

1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;

1. Each written diagnosis and written estimate;

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

1. Article 3(1), the proviso of Article 3(2)7 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Article 268 of the former Road Traffic Act (amended by Act No. 10790, Jun. 8, 2011; hereinafter the same shall apply) concerning criminal facts.

참조조문

-교통사고처리 특례법 제3조 제1항

-도로교통법

-형법 제268조

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