(영문) 대전지방법원 서산지원 2018.08.30 2017고정321

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(영문) 대전지방법원 서산지원 2018.08.30 2017고정321

도로교통법위반(사고후미조치)등

Text

Defendant shall be punished by a fine of 3.5 million won.

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a Grand bus in Grandland.

On August 17, 2017, the Defendant driven the above mar while under the influence of alcohol of 0.160% from blood, and proceeded with two lanes from the two-lane roads in front of the long president distance in the Chang-gu, Yan-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do., the Defendant proceeded with approximately 40km in Si/Eup/Myeon, where the two-lanes of the two-lanes of the two-lanes of the white president shooting distance from the front president shooting distance.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Application of Acts and subordinate statutes concerning the measurement of drinking alcohol;

1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) (excluding punishment) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act, which is the order of provisional payment;

1. Summary of the facts charged [Violation of the Road Traffic Act (U.S.)] The Defendant is a person engaging in driving cars in Grandland (U.S.).

On August 17, 2017, the Defendant driven a above 42:10 square meters, and proceeded two lanes in front of the shooting distance of the sandy president in the Yan-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, and the two lanes in front of the shooting distance of the sandy president at the Yan-gun, Chungcheongnam-do, Chungcheongnam-do, and the two lanes in front of the shooting distance of the sandy president at the Eup-Myeon.

At the time, the defendant changed the lane into one lane on the left side of the front side, and thus, the driver of the motor vehicle has a duty of care to give an advance notice of change of course and to change the lane in the front and rear and right side traffic situation.

Nevertheless, the Defendant neglected this while under the influence of alcohol and neglected it to change the car line to the left-hand side of the passenger car, which the victim C driving on the left-hand side of the passenger car driven by the Defendant, was placed on the right-hand side of the car operated by the Defendant.

Ultimately, the Defendant is driving the victim by occupational negligence as above.

참조조문

-형법 제69조 제2항

-형법 제70조 제1항

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