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(영문) 대전지방법원 2020.11.24 2020고단3710

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

The defendant is a person who is engaged in driving a low-speed car B.

On February 15, 2020, the Defendant driven the above vehicle while under the influence of alcohol at 00:44% of blood alcohol level. On February 15, 2020, the Defendant continued the intersection of the post office in front of Daejeon Daejeon, which is located in the mountain area of the Jung-gu Daejeon Metropolitan City, from C to the c bank of the Chungcheongnam-gu.

At the time, the late night and its location are the intersection where signal, etc. are installed, so the driver of the motor vehicle had a duty of care to safely drive the motor vehicle in accordance with its signals by reducing the speed and keeping the right and the right on the front side and the right and the right.

Nevertheless, it is neglected to neglect and proceed with the vehicle driving signal while disregarding it, and the victim D (Nam, 26 years of age) who is driving from the left-hand side of the direction-hand side of the route to find it late behind the E-benz car driven by the victim D (WW) and the defendant was driving the vehicle with the front-hand part of the victim's right-hand side of the vehicle.

Ultimately, the Defendant caused the victim D’s injury of salt, tensions, etc. in light of the foregoing occupational negligence for about two weeks, and the victim F, who is the passenger of the victimized vehicle, to suffer injury to the victim F, who is the victim of the damaged vehicle (the victim 24 years old), such as the high-water and tension in need of medical treatment for about two weeks.

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's legal statement, fact-finding survey report on detection of a host driver, fact-finding statement report, investigation report, diagnosis report (D, F) and estimate, and traffic accident analysis report;

1. Article 3 (1), Article 3 (2) (proviso) 1, and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (3) 2, and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (the Act on Special Cases Concerning the Settlement of Traffic Accidents).