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(영문) 대전지방법원 2013.11.13 2013고단2269
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Power] On February 13, 2012, the Defendant issued a summary order of KRW 2 million for a violation of the Road Traffic Act at the Daejeon District Court on February 13, 2012. On April 24, 2013, the Defendant was sentenced to a fine of KRW 5 million for a violation of the Road Traffic Act at the Daejeon District Court on April 24, 2013.

【Criminal Facts】

1. Around 19:00 on February 27, 2013, the Defendant was driving Cone Star Cor in the state of drinking alcohol concentration of about 0.181% without obtaining a driver’s license in the section of about 3km from the road near the “Dong bachelor’s Department” located in the national valley in Daejeon Pung-dong, where it is distributed, to the cone Star knick under the influence of alcohol concentration of about 0.181%.

2. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in driving Cone Stars.

Around 19:00 on February 27, 2013, the Defendant, while under the influence of alcohol, driven the said van, and proceeded about about 40 km from the front side of the Chungcheong Zone, along the two-lanes from the front side of the Seosung-gu Daejeon Seo-gu, Seosung-gu, Daejeon to the flow of the four-lane road.

Since there is an intersection where signal apparatus is installed, a person engaged in driving of a motor vehicle has a duty of care to properly look at the movement of signal apparatus and front-way vehicles and to operate it in an early and late manner.

Nevertheless, under the influence of alcohol, the Defendant found the EMW730 car driven by the victim D(the age of 51) who was waiting for the signal at the front bank due to negligence of neglecting to pay any attention and neglecting to do so, and immediately operated the EMW730 car at the front bank. However, the Defendant did not stop due, and received the back portion of the passenger car of the victim in front of the passenger car of the Defendant.

Ultimately, the Defendant suffered injury to the victim, such as fluoral salt, which requires approximately two weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. The defendant's legal statement; 1.1.

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