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(영문) 대전지방법원 홍성지원 2017.12.07 2017고정281
교통사고처리특례법위반(치상)등
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a motor vehicle B, sod XD.

1. On July 2, 2017, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents, while under the influence of alcohol concentration of 0.136% among blood transfusions on July 2, 2017, the Defendant was driving at an elementary level at an unfluened speed as an elementary school level while driving a road in front of the west-gun, Seocheon-gun, west-gun, Chungcheongnam-gun.

At the same time, it was difficult for a person engaged in driving service to live around at night, and there was a duty of care to prevent accidents by accurately and accurately manipulating the steering and brakes.

Nevertheless, the defendant left the road to the left-hand side of the vehicle driving by neglecting the above duty of care at the above date, time and place, and left the road to the left-hand side of the vehicle.

Ultimately, the Defendant suffered, by negligence in the above business, a two-day open prize in need of two-time medical treatment from the victim E (V, 62 years old) who was on the top of the vehicle driven by the Defendant.

2. The Defendant violated the Road Traffic Act (drinking driving) driving a motor vehicle at the level of alcohol 0.136% in blood alcohol level from approximately 1 km section from the 1km section to the road front of the Dpent, located in Seocheon-gun, Seocheon-gu, Chungcheongnam-do, Chungcheongnam-do at the time of the day referred to in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written diagnosis of E;

1. A report on the occurrence of a traffic accident;

1. Statement of the circumstances of the driver involved in driving;

1. Application of Acts and subordinate statutes, such as black stay images, drinking measurement and printing sets, registers of driver's licenses, and medical certificates;

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

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