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(영문) 대전지방법원 2014.04.03 2014고정322
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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 a B B B-S cruise car.

On December 4, 2013, at around 23:45, the Defendant driven the said car with a blood alcohol concentration of 0.151% and continued to turn to the left at the seat of the Chungcheongnamnam University from the full intersection of the Daejeon Seo-gu.

Since the location is an intersection where signal lights are installed, the driver of the motor vehicle has a duty of care to make sure that the driver of the motor vehicle is engaged in the operation of the motor vehicle and to prevent the accident in advance by safely driving in accordance with the signals.

Nevertheless, the Defendant neglected this and neglected to enter the intersection in the state of alcohol, thereby making it difficult for the Defendant to turn to the left in accordance with normal signal at the seat of the Mannam University, the victim C(40 years of age) driven by the normal signal. The front part of the Dans car driving by the Defendant was the front part of the car driving by the Defendant.

Ultimately, the Defendant suffered, by such occupational negligence, injury to the victim C, such as light salt in need of approximately two weeks of medical treatment, and injury to light salt in need of approximately two weeks of medical treatment to the victim E (the 11-year-old age), and injury to the victim F (the 5-year-old age-old age-old) in need of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A traffic accident report, a report on detection of a drinking driver, and a report on the circumstantial statement of a drinking driver;

1. Application of each written diagnosis, written estimate, or photographic Acts and subordinate statutes;

1. Article 3 (1), the proviso of Article 3 (2) 1 and 8 of the Act on Special Cases concerning the Handling of Traffic Accidents under the relevant Acts concerning criminal facts, Article 268 of the Criminal Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (a point of sound driving);

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

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;

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