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(영문) 대전지방법원 2014.11.20 2014고단2927
도로교통법위반등
Text

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

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

Reasons

Punishment of the crime

1. The defendant is a person who is engaged in driving of teas or freight cars in violation of the Road Traffic Act and the Road Traffic Act;

On August 17, 2014, the Defendant driven the above cargo while under the influence of alcohol of 0.170% with a blood alcohol concentration of 18:10% on August 17, 2014, and led to the running of the above cargo in front of the forest frighting road located in Seo-gu, Seo-gu, Daejeon to the direction of the mountain frighting village toward the mountain.

At the time, the Defendant was under the influence of alcohol to the extent that he was under the influence of string, and the place where the vehicle stopped due to the alleyway. In such a case, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle by immediately stopping the motor vehicle and stopping the motor vehicle, but in case of inevitable driving, a person engaged in driving a motor vehicle has a duty

Nevertheless, the Defendant neglected to do so and proceeded on the right side of the said cargo, and received the victim D(40 years of age)’s E, which was stopped on the right side of the said road, from the left side of the said cargo vehicle.

Ultimately, the Defendant damaged the above victim’s share of 3,829,804 won by occupational negligence as above.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act: (a) operated letos or freight cars as stated in paragraph (1) that were not covered by mandatory insurance at the date and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The actual survey report on traffic accidents;

1. The circumstantial report on the driver and the report on detection of the driver;

1. Written estimate;

1. Application of Acts and subordinate statutes on mandatory insurance;

1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, the applicable provision for criminal facts, the applicable provision for punishment, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, Article 151 of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, and the main sentence of Article 46 (2) and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act.

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