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(영문) 대전지방법원 2015.05.13 2015고정429

교통사고처리특례법위반등

Text

1. Defendant shall be punished by a fine of 4,000,000 won;

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

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

On December 26, 2014, at around 15:58, the Defendant driven the foregoing vehicle while under the influence of alcohol with 0.105% of alcohol concentration, and led to the flow of the old intersection vehicle in the multiple pages of Geumsan-gun, Chungcheongnamsan-gun, according to one lane in the room of multiple pages office.

Since there is an intersection, there was a duty of care to prevent accidents in advance by accurately operating and safely operating the steering side and the steering system for the driver of the vehicle.

Nevertheless, the Defendant neglected this and neglected to turn to the left at the seat of a multiple-face office in the vicinity of the Madon-road intersection, which was driven by the victim C(the age of 47) who was driven by the victim C(the age of 47) on the left, and received the front part of the car driving by the Defendant as the front part of the left part of the car driving by the Defendant.

As a result, the Defendant suffered injury to the victim, such as light oil and fluoral salt, which requires two weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A traffic accident report;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

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

1. Relevant legal provisions concerning criminal facts, 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 According to the Selection of Punishment, Article 268 of the Criminal Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, and the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act among concurrent crimes (the lowest sentence shall be applicable to concurrent crimes resulting from the crimes of violating the Act on Special Cases concerning the Settlement of Traffic Accidents, which has heavier penalty):

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) for the detention of a workhouse.