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(영문) 대전지방법원 논산지원 2021.01.22 2020고단599
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

1. Around October 21, 2020, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven B K5 car under the influence of alcohol level 0.09% in blood alcohol level around 08:50 on Oct. 21, 2020, and proceeded in the direction of granting 4 national highways in the direction of granting 54-7, YYY-gu, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do.

At the same time, the victim C (the 65-year-old driver) was stopped due to the body of the vehicle, and thus, the Defendant engaged in driving service had a duty of care to prevent accidents in advance by accurately manipulating the steering and operating the steering gear while well-being the steering room and the steering system.

Nevertheless, under the influence of alcohol, the Defendant was negligent in neglecting to do so, and the part of the back part of the said Lone Star passenger car was driven by the Defendant as the front part of the 5-wheel passenger car in which the Defendant is driving.

As a result, the Defendant driven the said car and suffered brain-dead in which the victim C had no head open in order to treat the said car for about two weeks, and the victim E ( South, 60 years old, and 60 years old) who was on board the said car and the victim F (the remaining and 60 years old), respectively, had no head open in order to treat the said car for about three weeks.

2. On October 21, 2020, the Defendant driving a B K5 car under the influence of alcohol level of 0.09% in the section of about 10km from around 08:50 to about 4 national highways located in salary-ri 54-7 of the old-gu, the same military mountain district in the front of the G apartment in the Gyeongwon-gun of the same military, the Defendant, at around 08:50 on October 21, 202.

Summary of Evidence

1. Each statement about the defendant's legal statement C and E, the actual condition investigation report;

1. Notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes to medical reports on the circumstances of drivers in the main place;

1. Article 3(1) and proviso of Article 3(2)8 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupational and de facto occupation) regarding criminal facts, Article 148-2(3)2 of the Road Traffic Act, and Article 40 and Article 50 of the same Act concerning the ordinary concurrent crimes.

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