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(영문) 대전지방법원 천안지원 2014.07.18 2014고정492

교통사고처리특례법위반등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is a driver of the B M&A car.

1. On March 5, 2014, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents: (a) drive the said vehicle while under the influence of alcohol of 0.130%; (b) drive the said vehicle at a speed of 0.130%; and (c) drive the two-lane front of the Dong-gu, Chungcheongnam-gu, Chungcheongnamcheon-gu, Seoul; and (d) drive the said vehicle at a speed of time at a speed of speed in the direction of the said direction from C

A person engaged in driving of a motor vehicle has a duty of care to check the safety of course and to prevent accidents in advance by checking the right and the right and the right of the motor vehicle.

Nevertheless, the Defendant neglected to do so due to negligence while under the influence of alcohol, she concealed the back of the victim C Driving D, which was parked in the front part of the vehicle driven by the Defendant, and the front part of the victim C Driving, which was parked in the front signal signal.

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

2. Around March 21, 2014, the Defendant driven the said vehicle under the influence of alcohol content of 0.130% in blood alcohol level, from the roads in front of the bottled Sacheon-gu, Chungcheongnam-gu, Dongcheon-gu to the roads in front of the Byungcheon High School, which are located in the loading principle of the same side of the road.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. A medical certificate;

1. Application of Acts and subordinate statutes to reports on detection of drivers and circumstantial statements of drivers;

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act concerning criminal facts (the point of sound driving and the selection of fines);

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [the former part of Article 38, Article 38(1)2, and Article 50 of the Criminal Act [the second two crimes] are concurrent crimes with punishment stipulated in the Act