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(영문) 대전지방법원 2016.09.09 2016고정482

교통사고처리특례법위반등

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a K5-car.

On December 21, 2015, while under the influence of alcohol level of 0.128% from blood, the Defendant was driving in the Seo-gu, Daejeon Man-gu, Seo-gu, Seo-gu, Seo-gu, in the direction of the Neline in the Science Park. Since there are a lot of vehicles driving around the surrounding area as five-lanes, the driver of the vehicle has a duty of due care to accurately operate the steering gear and brakes, thereby preventing the accident. In such a case, the driver of the vehicle has a duty of care to prevent the accident by accurately operating the steering gear and brakes on the front side of the vehicle and by negligence, the driver of the vehicle sustained the injury of the victim C (Y, 43 years old) (hereinafter referred to as the "victim") with the back part of the driver's vehicle that changed the course of the vehicle of the Defendant running from the front side of the vehicle to that of the victim C (the victim D and D3 years old), and the victim D (the victim D and D3 years old level of the vehicle).

Summary of Evidence

1. A protocol of suspect interrogation of each police officer against the defendant or E;

1. Statement made by the police against D;

1. A C’s statement (the occurrence of traffic accidents);

1. A traffic accident report (on-site investigation report), notification of the results of crackdown on drinking driving, report on the situation of the driver in charge, inquiry of the results of crackdown on drinking driving, 16 copies of the accident site photographs, report on internal investigation (C visit, CD attachment), related video CD, and related video screen 16 copies;

1. Application of the Acts and subordinate statutes of subparagraph (D), written estimate (F), written estimate (B), written estimate (C), and written estimate (G);

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 Competition;

1. Selection of each alternative fine for punishment;

1. Article 37 (former part of Article 37, Article 38 (1) 2 and Article 50 (Concurrent Punishment) of the Criminal Act shall be more severe.