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(영문) 대전지방법원 2017.09.12 2017고정862

교통사고처리특례법위반(치상)등

Text

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 of B rocketing taxi.

On April 30, 2017, the Defendant driven the above taxi on April 23:00, and driven the five lanes above that of the Seocheon-gu, Seo-gu, Daejeon at the speed of about 40km in speed from the direction of the Chungcheongnam-gu, Seo-gu, Daejeon to the four-lane distance.

At the time, since it is at night, there was a duty of care to safely drive a person engaged in driving of a motor vehicle by thoroughly performing the duty of full-time care.

Nevertheless, the Defendant’s blood alcohol concentration of 0.146% was driven by negligence on the same lane as that of the frontline of the passenger car, which was driven by the victim C(56 e.g., the victim) who driven a vehicle in the same lane as that of the frontline, followed the right part of the D motor vehicle, which was driven by the Defendant, into the front part of the driver’s car.

As a result, the Defendant suffered injury to the victim, such as salt, tensions, etc. in need of approximately two weeks of medical treatment due to the above occupational negligence.

2. On the same date and time as paragraph 1, the Defendant driving a B rocketing taxi under the influence of alcohol content of approximately 0.146% from the 1km section to the place where the accident as referred to in paragraph 1 was occurred, from the front of the mutual influence cafeteria in Daejeon Pungdong to the point where the accident as referred to in paragraph 1 was committed.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A medical certificate;

1. Application of Acts and subordinate statutes to a report on detection of drivers;

1. Relevant legal provisions concerning criminal facts, Article 3(1) and proviso to Article 3(2)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, Article 148-2(2)2 of the Road Traffic Act, and Article 44(1) of the Road Traffic Act, and the selection of fines;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;