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(영문) 대전지방법원 서산지원 2018.06.27 2018고단417

교통사고처리특례법위반(치상)등

Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

1. On April 14, 2018, the Defendant was under the influence of alcohol concentration of 0.124% from the influent section to the front road of 02:05 on the same day from the influent land of the Jin-si Man-si, Jin-si, Jin-si, Seoul, at approximately 02:05 on the same day, the Defendant driven a Berst cruise vehicle while under the influence of alcohol concentration of 0.124% from the influent section to the front road.

2. The Defendant violating the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving a cruise car of the B beer.

On April 14, 2018, the Defendant proceeded at a speed of 80K km at the speed of 80K km from the direction of the migration complex with the two-lane two-lane intersections of 4 mix:05, Ji-si, Jii-si, Ji-si, Seoul, at the speed of 2:05, the two-lanes of the two-lane road from the direction of the migration complex.

At the time, there is an intersection where signal lights are installed at night, so a person engaged in driving service has a duty of care to drive safely in accordance with the signals by reducing speed and checking well the right and the right.

Nevertheless, as described in paragraph 1, the Defendant, by negligence in violation of the signal while under the influence of alcohol and carried on the right side from the left side in accordance with normal signals pursuant to normal signals, received the center part of the center part of the victim C (T, South, 48 years old) driver's 25 tons of driving, which was carried on the right side from the left side, and suffered injury such as salt, tension, etc. of the other parts necessary for two weeks of driving of the above vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. The application of Acts and subordinate statutes to a medical certificate, notification of the results of regulating drinking driving, a report on the situation of a driver of drinking, a ledger using a drinking measuring instrument, and a survey report on actual condition;

1. Relevant 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 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning criminal facts, the selection of fines, respectively;

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. Attraction of a workhouse;