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(영문) 대전지방법원 2016.02.04 2015고정1902

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 October 7, 2015, the Defendant driven a B Poter freight vehicle with alcohol content of 0.121 percent in the influence of alcohol during blood at around 21:35, and driven a road of three-lanes in the center in the middle of Daejeon-gu, Daejeon-gu, along the direction of four-lanes in the direction of the four-lane, while driving along one-lane in accordance with the stop signals.

A driver has a duty of care to prevent accidents by accurately operating the steering direction and brakes well, and to prevent accidents.

However, the Defendant neglected to do so and neglected to stop the vehicle due to the negligence, and received the front part of the damaged vehicle’s vehicle in the front part.

Ultimately, the Defendant caused damage to the driver of the victimized vehicle D (58) by negligence in the course of performing the above duties, for approximately three weeks of tensions and tensions, and for the victim vehicle E (54) of E (54) of E (54) of E (54) of E (5) of E (5) of E (5) of E (5-day of necks and tensions, and for the damaged vehicle F (31 years of age) of E (32 years of age) and G (32 years of age), each of them suffered damage in need of two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. A report on the detection of a primary driver;

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

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Act on the Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims D with the largest criminal situation);

1. Selection of each alternative fine for punishment;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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