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(영문) 대전지방법원 공주지원 2017.01.13 2016고단360

교통사고처리특례법위반(치상)등

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Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. The defendant is a person who is engaged in driving the B Poter Cargo Vehicles in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On October 16, 2016, the Defendant driven the above cargo vehicle under the influence of alcohol content of 0.185% in blood around 20:10, while driving the above cargo vehicle under the influence of alcohol content of 0.185%, and led to the road of the D-do one lane in the front of the D-do in the air-state C in the air-state.

At the time of night, there was a center line of the yellow-ray, and thus, in such a case, the driver is prohibited from driving a motor vehicle while under the influence of alcohol, and there was a duty of care to ensure that the driver should operate the motor vehicle thoroughly and safely.

Nevertheless, the Defendant neglected to do so and was placed adjacent to the left-hand side of the Defendant’s Cargo Vehicle E(61) driving while driving a central line while under the influence of alcohol. The Defendant was placed adjacent to the left-hand side of the Defendant’s Cargo Vehicle E(61) driving.

The Defendant, due to such occupational negligence, sustained injury to the victim, such as salt, tensions, etc. in need of medical treatment for about two weeks, and injury to the victim G (5 years old, female) who is the passenger of the victimized vehicle, such as salt, tension, etc. in need of medical treatment for about two weeks.

2. The Defendant violated the Road Traffic Act (drinking) driving a B Poter truck under the influence of alcohol with approximately 0.185% alcohol concentration in blood from the 2Km section of approximately 2 Km to the D-way, a place where the said accident occurred, at the same time as paragraph (1) of this Article.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Report on the occurrence of a traffic accident, report on a traffic accident (1) (2) (1) (2), report on the results of regulating the driving of alcohol, report on the circumstances of the driver driving, inquiry into the results of regulating the driving of alcohol, details of crackdown, investigation report and investigation report;

1. Each written diagnosis;