beta
(영문) 춘천지방법원 2014.03.25 2013고단1155

교통사고처리특례법위반등

Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving of B-learning automobiles.

At around 21:30 on September 17, 2013, the Defendant was under the influence of alcohol, which is the blood alcohol concentration of 0.15%, and the Defendant was driving the said vehicle, and led the said vehicle to make a right-hand bypass from the right-hand bank of the arms square at the right-hand bank of the Chuncheon city.

At the time, it was difficult to turn off the light of the headlight of another vehicle at night. In such a case, a person engaged in driving service has a duty of care to safely circumvent the lane after checking the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and duty

Nevertheless, due to the negligence of driving while neglecting it, the victim C was driven by the opposite-lane stop line in front of the passenger car driver's seat, which is driven by the victim C, was driven by the defendant.

The Defendant caused the victim to suffer salt, tensions, etc. in need of approximately two weeks of medical treatment due to occupational negligence as above.

2. The Defendant violated the Road Traffic Act (driving a sound driving) operated the said vehicle under the influence of alcohol content of 0.15%, after the Defendant’s operation of the vehicle under the influence of alcohol with the blood alcohol concentration of 0.15%, from the front of the entrance of the “slon-style parking lot,” located in the same Dong via the places specified in paragraph (1), prior to the entrance of the “slon-style parking

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. A written report from an employee of an employer;

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

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, 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 facts constituting an offense (the point of driving a motor vehicle, the choice of fines);

1. From among concurrent crimes, the punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act shall be more severe;