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(영문) 대전지방법원 2016.11.18 2016고정1105

교통사고처리특례법위반등

Text

1. The defendant shall be punished by a fine of three million won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a low-speed car.

On May 2, 2016, the Defendant driven the said vehicle under the influence of alcohol level of 0.067% on blood alcohol level around 15:20 on May 2, 2016, and driven the Gama apartment ginseng distance in Seo-gu, Seo-gu, Daejeon, by using one lane among three-lane roads, at a distance of girma3 meters from the open side of the Gama apartment distance.

In such cases, a person engaged in driving service has a duty of care to confirm the safety of course by properly examining traffic conditions on the left and right right, and to prevent accidents by driving.

Nevertheless, the Defendant neglected this and neglected to stop signal at the front of the same lane by negligence and neglected to stop signal at the same time as the front of the road in the front of the road in the case of the Defendant, which was driven by the victim E(E, South, 32 years old) who was driving by the victim E(E, South, and 32 years old) with the front side of the Defendant’s vehicle.

As a result, the Defendant suffered from the injury of the 'Woman’s car driver C (Woman, 59), passenger G (Woman, 38 years old), and SM5 car drivers E (mama and 32 years old) for about two weeks of treatment by occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and C (Simplified traffic);

1. Statement on the actual condition of traffic accidents (1) (2), photographs, records on the actions taken against the driver, and reports on the actual status of the driver;

1. Application of each written diagnosis and written estimate under Acts and subordinate statutes;

1. Article 3 (1), the proviso of Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment;

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