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(영문) 춘천지방법원 강릉지원 2016.04.07 2016고정73
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is a person engaged in driving a CP car.

1. On December 25, 2015, the Defendant violated the Act on Special Cases concerning the Settlement of Traffic Accidents was under the influence of alcohol on December 16:20, 2015, while driving the said vehicle at the front of the road in Gangnam-si D, and driving the vehicle at the right distance from the right distance to the right distance.

At that time, the driver of a vehicle, as a road, has a duty of care to drive the vehicle safely by closely examining the front side, the left, and the left.

Nevertheless, the Defendant was negligent in operating the victim F (M5 Doe, 47) driving by not discovering any damaged vehicle waiting for traffic signals on the road at that place, and received the back part of the victim F (M5 Doe, 47) driving with the front part of the Defendant’s vehicle.

Ultimately, the Defendant suffered, by such negligence, the injury to the victim F, the victim H (the 57 years old), who is the passenger of the victimized vehicle, with base salt and tension, requiring two-day medical treatment, and the injury to the victim I (the 27 years old) in the tension and tension requiring seven-day medical treatment.

2. When Defendant 1 was under the influence of alcohol concentration of 0.089% (measurement result) during the above temporary bordering, Defendant 2 driven a approximately two km distance from the front day of the Gangnam-si Red-dong to E in front of the road located in the same city of the same city as the above vehicle, with the vehicle under the influence of alcohol concentration of 0.089% (d) during the above temporary bordering.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the occurrence of a traffic accident and on-site photographs;

1. Notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning the facts constituting an offense, Article 268 of the Criminal Act, Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act (the point of driving under influence of alcohol);

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

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