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(영문) 대전지방법원 2015.04.09 2015고정117

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

On November 11, 2014, the Defendant driven B rocketing car with a blood alcohol concentration of 0.103% 0.103%, while under the influence of alcohol around 09:45 on November 11, 2014, and proceeded at a speed of about 90 kilometers per hour at a speed of about 90 kilometers per hour, along the three-lanes of the Sejong Special Self-Governing City, as the Sejong Special Self-Governing City, for the three-lanes located in the Geumnam-Myeon of Sejong Special Self-Governing City.

The Defendant had a duty of care to ensure the safety distance with the vehicle ahead of it, and to prevent accidents by driving the vehicle ahead of it.

However, the Defendant was negligent in the course of business, which neglected to do so under the influence of alcohol, and received the back portion of the victim C's left side of the rocketing taxi driven by the Defendant at the front of the Defendant, in front of the right side of the Defendant vehicle.

Accordingly, the defendant had the victim receive the cage of a single cage, other than the cage cage cage, which requires approximately four weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A report on detection of a host driver;

1. Application of Acts and subordinate statutes of the general medical certificate;

1. Article 3 (1), the proviso to 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 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;