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(영문) 대전지방법원 2013.10.24 2013고단3228
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. Around 12:00 on May 31, 2013, the Defendant driven a Clearning car under the influence of alcohol of about 0.139% in a section of about 1km from the front of a lux restaurant located in the Granddong in Daejeon Daejeon to the front of the Republic of Korea, located in the same Dong, from the front of the 1km-dong.

2. On May 31, 2013, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents, at around 12:00, when driving the said vehicle under the influence of alcohol, and driving the said vehicle at a speed of about 50km in the speed of Sintan-gu, Daejeon, along the following four-lane road in front of the latter part of the Republic of Korea, in the latter part of the Daejeon Seo-gu, Daejeon.

Since the above place is an intersection with signal apparatus installed, a person engaged in driving of a motor vehicle has a duty of care to properly see the movement of signal apparatus and front-way vehicles and to drive the motor vehicle in a prompt manner.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving on the front side due to a driving of a stroke, and was found late by the victim D(39 years of age) who was waiting for a signal at the front side due to the negligence of neglecting it, and was found to be late behind the victim D's vehicle and received the rear part of the victim D's vehicle.

Ultimately, the Defendant suffered, by such occupational negligence, injury to the victim D, such as salt, tensions, etc. in need of medical treatment for about two weeks, and injury to the victim F (76 years of age) who was on board the said mast car, such as the bones of the bones (5th of chest) for about four weeks in need of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. The application of Acts and subordinate statutes to the actual condition survey report, photographs, report on detection of a host driver, and medical certificate;

1. Relevant Act of the crime: Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the point of sound driving), Article 3 (1) and proviso to Article 3 (2) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and the Criminal Act.

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