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(영문) 대전지방법원 2017.01.11 2016고단3659

교통사고처리특례법위반(치상)등

Text

Defendant shall be punished by a fine of four million won.

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

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a passenger car in the B SP area.

On October 14, 2016, the Defendant, while under the influence of alcohol content 0.145% during blood transfusion around 23:58 on October 14, 2016, came to make a left turn to the left at a two-lane from the right side of dry field, where the Seosan apartment of Seosan, Seo-gu, Daejeon-do 204, was a 4-lane road in front of the 204th parallel.

Since there was an intersection where signal lights are installed at the front of that place, there was a duty of care to prevent accidents in advance by safely operating the driver by keeping the traffic signal well, and by checking well the right and the right and the right of the driver.

Nevertheless, the Defendant got to turn to the left at the right edge of the straight line and passed the intersection in line with normal signals to the lower side of the dry field (n, 46 years old) of the victim C (n, e.g., the 46 years old) who driven the DK5 car, which was driven by the Defendant, was driven by the front part of the Defendant’s vehicle.

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

2. The Defendant violated the Road Traffic Act (drinking driving) driving a B SP car under the influence of alcohol with 0.145% alcohol concentration in blood at the date and place specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared in C;

1. A survey report on actual conditions;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to a report on detection of drivers;

1. Relevant Article of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Articles 148-2(2)2 and 44(1) (the selection of a fine and the point of drinking alcohol), Article 3(1) and the proviso to Article 3(2)8 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the selection of a fine and the point of duty due to traffic accidents), Article 268 of the Criminal Act (the selection of a fine) concerning criminal facts;

1. The former part of Article 37 of the Aggravation of Concurrent Crimes, Article 38(1)2 and Article 50 of the Aggravation of Concurrent Crimes (within the scope of the sum of the maximum amounts of two crimes, provided that the lower limit is the same.