(영문) 대전지방법원 2017.10.20 2017고단3248

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(영문) 대전지방법원 2017.10.20 2017고단3248

교통사고처리특례법위반(치상)등

Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is the person who is engaged in driving service of radar cars.

On July 15, 2017, the Defendant driven the said car under the influence of alcohol content of 0.138% during blood, and continued to drive the said car at an insular speed, along three-lanes from the underground vehicular road along which the two-lane 7 lanes ahead of the four-lane radius of the Daejeon U.S. Mang-dong.

At the same time, there was an intersection, so it was a duty of care to prevent accidents in advance by looking at the front and right of the driver, accurately operating the steering system and the steering system, and proceeding with the central line.

Nevertheless, while under the influence of alcohol, the Defendant was under the influence of the Defendant’s vehicle in front of the Defendant’s vehicle, and the Defendant was under the influence of the Defendant’s vehicle in front of the DMF3 car driven by the victim C (V, 44 years old) who was stopping in line with the stop signals on the opposite lane due to the negligence committed by the central line.

Ultimately, the Defendant suffered from the injury of the victim and the victim E, who was a passenger of the said SM3 car (e.g., 71 years of age) by occupational negligence, such as dump, tension, etc. of the bones of trees requiring approximately two weeks medical treatment.

2. The Defendant violated the Road Traffic Act (drinking driving) driven a rash car while under influence of 0.138% alcohol concentration in blood at the date and place specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. A survey report on actual conditions;

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

1. Article 3(1), the proviso to Article 3(2)2 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2(1)1, and Article 44(1) of the Road Traffic Act concerning criminal facts (the driving of drinking alcohol);

. Selection of fines

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Judgment.

참조조문

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