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(영문) 대전지방법원 2015.07.23 2015고정924

교통사고처리특례법위반등

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On November 8, 2006, the Defendant has been sentenced to a fine of 2 million won due to a violation of the Road Traffic Act (driving) at the Daejeon District Court on November 8, 2006, and on September 5, 2008, the same court has been sentenced to a fine of 3.5 million won due to a violation of the Road Traffic Act (driving).

On April 23, 2015, the Defendant, while under the influence of alcohol of 0.115% of blood alcohol concentration on April 19:45, 2015, operated the Crane XG car, and transferred 1-lane of the distance from the direction of the Taepan Elementary School to the direction of the Taepan Elementary School.

In such cases, the driver has a duty of care to live well on 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 of operation to prevent accidents in advance.

However, the Defendant neglected this and neglected to turn to the left from the direction of the Taepon Elementary School, and received the left-hand part of the EM car driven by the victim D (the age of 42) who was driven by the victim D (the age of 42) as the front-hand part of the EM car.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of approximately two weeks of treatment due to occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The circumstantial statement of the employee;

1. A medical certificate;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning investigation reports;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and proviso to 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 (1) 1 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act (the point of driving sound 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;

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

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