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(영문) 대전지방법원 천안지원 2015.01.15 2014고정986
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

Defendant,

1. On July 19, 2014, at around 15:40, the driver of the vehicle driven B 0.103% of alcohol level while under the influence of alcohol level: (a) had driven B 0.103% and continued to run the intersection in the vicinity of 75 Hyundai Hexacle 104, an Asan City, an Asan City, at the jurisdiction of the registry office in the Asan City. The location was the lux bank, where the signal, etc. is not installed, the victim C (64 years old) was in progress on the left side of the Defendant’s running direction at the private-distance intersection without the signal, and in such a case, the driver of the vehicle was negligent in performing the duty of care to prevent the accident by accurately operating the steering direction and brake system so that the driver of the vehicle was able to suffer the injury of the damaged vehicle, such as dump and tension, which requires the treatment of the victim for about two weeks.

2. Around that time, he driven BOba while under the influence of alcohol content concentration of 0.103% from the 585th Masan-dong Masan-dong to the 75th Maternal road.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement regarding C;

1. Investigation report on actual condition, inquiry on the results of the control of drinking driving, and application of Acts and subordinate statutes to medical certificates;

1. Relevant Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act and the selection of fines for each crime;

1. Of concurrent crimes, the punishment for concurrent crimes shall be aggravated within the scope of adding up the maximum amount of the above two crimes to the crime of violating the Act on Special Cases concerning the Settlement of Traffic Accidents with heavy punishment, and Articles 37 (former part of Article 37, Article 38 (1) 2, and Article 50 (limited to the minimum amount of the punishment determined for the crime of violating the Road

1. The age of 65 does not have any record of punishment in addition to the punishment of two minor fines before the year 199 for discretionary mitigation under Articles 53 and 55(1)6 of the Criminal Act;

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