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(영문) 청주지방법원 2016.06.16 2016고정265

교통사고처리특례법위반등

Text

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

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

Reasons

Punishment of the crime

The Defendant is a person engaging in driving vehicles B.

On December 27, 2015, the Defendant driven the above vehicle in the state of drinking alcohol concentration of 0.199% in front of D, which was located in Cheongju-si, Seo-gu, Seowon-si, Seowon-si, and driven the above vehicle directly at a speed below the speed of vision, from a erost middle school on the side of the horizontal distance to a erostic middle school at a speed below the speed of speed.

Since it is at night and there is a center line of yellow solid lines at the time, a person engaged in driving service has a duty of care to thoroughly see the front-round city and not exceed the center line.

Nevertheless, there was a conflict between the victim E's full-scale part driving in front of the left side of the Defendant's vehicle, which was driven by the victim E, who had been frighted from the middle school of Madlese by the negligence of running the central line her as it is, without being negligent.

Ultimately, the victim G, H, I, and J, who is a passenger of the same vehicle as the victim E due to the above occupational negligence, suffered from each injury to five victims, including the victim G, H, I, and J, each of whom requires two weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written E (the occurrence of traffic accidents);

1. A survey report on actual conditions;

1. Each written diagnosis;

1. Notification of the results of regulating drinking driving;

1. Application of the statutes of the response request for appraisal;

1. Article 3 (1) and the proviso to Article 3 (2) 2 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant 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 (a point of drinking);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

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;