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(영문) 대전지방법원 2013.08.09 2013고정1040
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 3,500,000.

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

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 who is engaged in driving of BK3 automobiles.

On April 21, 2013, the Defendant driven the above vehicle while under the influence of alcohol of 0.118% with blood alcohol concentration of 02:55, and driven the road of five lanes in the direction of Daejeon U-Seng-dong, along four lanes from the direction of the World Cup stadium to the modified Ne-distance.

Since the victim C (the age of 35) who was driving prior to the same direction as the defendant at the time was followed by the amount of D SP car driven by the victim C (the age of 35), a person engaged in driving service has a duty of care to safely drive the vehicle by making it possible to see the situation of the front line and the above SPP vehicle, securing safety distance, etc.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving the back part of the left-hand part of the motor vehicle in the Switzerland, which was driven by the Defendant, to the right-hand part of the motor vehicle.

As a result, the Defendant suffered, by negligence in the above business, the victims E (year 34) who boarded the victim C and the above spke vehicle due to the above business negligence, about two weeks of medical treatment, and there was an unknown brain sprink in detail that there is no open room for treatment.

2. The Defendant violated the Road Traffic Act (driving) driving the said K3 vehicle while under the influence of alcohol with approximately 1km alcohol concentration of about 0.118% from the day, at the above time, at the front of a main station where it is impossible to find out the trade name in the Daejeon Pungdong-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1), the proviso of Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense (the point of driving a motor vehicle while driving a motor vehicle);

1.Article 40 of the Criminal Code of Trade and Trade.

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