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(영문) 대전지방법원 2013.10.08 2013고단2274

교통사고처리특례법위반등

Text

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

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 driven a B-to-purd car.

On May 10, 2013, the Defendant driven the said vehicle under the influence of alcohol of 0.096% with a blood alcohol concentration of 0.09% on May 10, 2013, while driving the said vehicle at a speed of about 50 km at the speed of about the speed of 50 km from the mountain-dong side to the Seo-gu culture in the middle of Daejeon. Despite the Defendant’s signal of the Defendant’s running direction toward the intersection was red, the Defendant suffered injury, such as an infinite negligence, in contravention of the signal while under the influence of alcohol, while driving the said vehicle at the speed of about 6 weeks on the right side of the driving vehicle, resulting in a collision with the front part of the vehicle of the victim C (22 years old) who was driving under the influence of alcohol, thereby incurring about 125 cc. c., infinite inc., inc., the victim’s treatment for about 6 weeks.

2. On May 10, 2013, the Defendant: (a) driven a balp-nicking car at a section of about 1 Km with a blood alcohol content of about 0.096% under the influence of alcohol in the direction of 0.096% in the middle-gu culture, Daejeon, a place of accident as referred to in paragraphs 1, located in the Seo-gu Multiple Dongs, Seo-gu, Daejeon, Daejeon.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A traffic accident report;

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

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

1. Relevant legal provisions concerning facts constituting an offense, and Article 3 (1), the proviso to Article 3 (2) 1 and 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 268 of the Criminal Act, Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act (the point of driving sound and the choice of fines

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant's reason for sentencing of Article 334 (1) of the Criminal Procedure Act of the provisional payment order is the accident of this case while driving under influence of alcohol.