beta
(영문) 전주지방법원 군산지원 2014.06.30 2014고정208

교통사고처리특례법위반등

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

A. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving a passenger car volume by obtaining a new franchise.

On December 20, 2013, the Defendant, while under the influence of alcohol at 0.060% of blood alcohol concentration on December 20, 2013, came to keep the tri-distance intersection from the malut apartment to the malutical distance from the malutical apartment.

In such cases, the driver of any motor vehicle has a duty of care to ensure that the driver of any motor vehicle is unable to drive the motor vehicle at a speed or in a manner that causes any danger and obstacle to others according to the traffic situation of the road and the structure and performance of the motor vehicle.

Nevertheless, the Defendant neglected this and neglected to drive safety and caused the collision between the left part of the left part of the DNA car driven by the victim C (Nam, 30 years of age) and the left part of the modified restaurant on the side of the bad village distance, resulting in the collision of the victim to the left part of the vehicle driven by the Defendant, and resulting in the collision of a caton, etc. requiring approximately 20 days medical treatment.

B. Around 21:00 on December 20, 2013, the Defendant driven the said vehicle while under the influence of alcohol of about 0.060% in a section of about 3km from the day before the frequency of the instant island located in the Gansan-si fishing-dong to the day before the amended restaurant located in the Yasan-si, Yasan-si.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Application of a medical certificate (C) and Acts and subordinate statutes governing field photographs of traffic accidents;

1. Relevant legal provisions concerning criminal facts, Article 3 (1), proviso of Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act, and the selection of fines;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;