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(영문) 대전지방법원 2017.05.26 2017고단836
교통사고처리특례법위반(치상)등
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

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 January 28, 2017, the Defendant driven the said car under the influence of alcohol content of 0.071% from blood transfusion around 07:10, while driving the said car, and proceeding the front road of the “D Jeong-gu” located in Daejeon Middle-gu C, with the view of the solar distance outflow from the string distance.

Since there is a place near the intersection and there is a center line of the yellow-line, there was a duty of care to prevent accidents in advance by driving a car in order not to escape from the string line.

Nevertheless, while under the influence of alcohol, the Defendant was sent to turn to the left from the opposite direction due to the negligence of driving the center line by neglecting it, and received the front part of the FSpo Road driving by the Defendant as the front part of the FSpo Road driving by the Defendant.

Ultimately, the Defendant suffered, by such occupational negligence, the injury to the victim E, the victim G (V, 39 years of age), and H (13 years of age) on the ground that each of the two-day medical treatment needs to be provided, such as base salt, tension, etc., and the Defendant’s vehicle I (V, 24 years of age) who took advantage of the Defendant’s vehicle for about three-day medical treatment.

2. The Defendant violated the Road Traffic Act (drinking driving) driven a B SP car with alcohol content of 0.071% under the influence of alcohol at the time and place specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the report on detection of the primary driver;

1. Application of each statute to each written diagnosis;

1. Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 3(2)2 and 8 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (a point of causing occupational negligence), Articles 148-2(2)3 and 44(1) of the Road Traffic Act concerning criminal facts.

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