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(영문) 대전지방법원 천안지원 2015.06.04 2015고정261

교통사고처리특례법위반등

Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents was a person who is engaged in driving a C-car, and was under the progress of driving the C-car in the direction of the Eastcheon Company distance, on November 01, 201, under the state of a master alcohol concentration of 0.149% in the E-TS located in A-si, Asan City. D on November 01, 2014.

At the time, the vehicle is discovered in the direction behind the vehicle moving, and the damaged vehicle was stopped, and in this case, the person engaged in the vehicle driving duty has a duty of care to safely manipulate the surrounding area and prevent the accident by safely manipulating the brake system, etc. in operating the vehicle.

Nevertheless, the Defendant, while proceeding in the future, shocked the damaged vehicle in the future, and thereby, the Defendant sustained by negligence the injury of the victim F (29 years old), and the victim G (32 years old, female), and H (28 years old, male, and female) who was on board the damaged vehicle, due to his occupational negligence, in need of approximately two weeks of medical treatment.

2. Around 00:07 on November 01, 201, the Defendant driving CK-5 vehicle volume in the state of alcohol 0.149% in the direction of blood alcohol concentration from the street before the 'I' 'I' 'I' 'I' 'I' 'I' 'I' 'I' 'I' before the E' 'I' 'I' 'I' 'I' 'I' 'I' 'I

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the F Statement;

1. Statement and image of the actual condition survey report;

1. Application of Acts and subordinate statutes stated in a written diagnosis;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes ( mutually among the violations of the Act on Special Cases concerning the Settlement of Traffic Accidents);

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [the maximum amount of the above two crimes shall be added to the maximum amount of the concurrent crimes resulting from the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, whichever is heavier.]