beta
(영문) 청주지방법원 영동지원 2017.05.11 2016고단203

교통사고처리특례법위반(치상)등

Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a motor vehicle B not-to-land.

On November 8, 2016, the Defendant driven the said car under the influence of alcohol level of 0.175% among blood transfusion around 13:50 on November 8, 2016, and continued to drive the road at a point 247 km in the direction of Busan-do, Chungcheongnam-gun, Chungcheong-gun.

At the time of the defendant's frontline, the victim C (37 Dop) driven by the victim C (37 Dop) in the same direction, and therefore, the driver of the motor vehicle is prohibited from driving the motor vehicle under the influence of alcohol, and the driver of the motor vehicle has a duty of care to prevent the accident by accurately operating the steering and steering gear and accurately.

Nevertheless, under the influence of alcohol, the Defendant discovered that the Defendant was able to reduce the speed of the Poter freight driven by the victim due to the front construction of the Poter, and immediately operated the Poter, but did not avoid it, and received the rear part of the Poter freight in front of the Posto car.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of medical treatment due to occupational negligence.

2. On the day specified in paragraph 1, the Defendant was driving a stop car under the influence of alcohol leveling 0.175% from his house in Dong-gu Daejeon-gu, Daejeon-gu to the place specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report, an accident scene photograph, and an on-site map of the traffic accident;

1. Notification of the results of drinking control and response to requests for appraisal;

1. Each investigation report (the sequence 23,24 of the evidence list);

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3(1) and the proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning criminal facts and the Selection of Punishment.