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(영문) 대전지방법원 2015.03.18 2015고정57
교통사고처리특례법위반등
Text

1. Defendant shall be punished by a fine of 4,000,000 won;

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

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a CF car.

On October 28, 2014, at around 23:55, the Defendant driven the above vehicle while under the influence of alcohol with 0.147% of the blood alcohol concentration. On October 28, 2014, the Defendant driven a one-lane road in front of the photographic village in Seo-gu Daejeon, Seo-gu, Daejeon.

Since there is a friendly road in which the center line of yellow-ray is installed, there was a duty of care to prevent accidents in advance by accelerating speed in advance to those engaged in driving of motor vehicles, and by safely proceeding the center line in advance.

Nevertheless, the defendant is under the influence of alcohol while neglecting this.

By negligence of the central line, the part on the full left left left left left left side of the vehicle driving by the victim D (hereinafter referred to as 49 years old) driving in the opposite direction was received as the full left side of the vehicle driving by the defendant.

As a result, the Defendant suffered from the above victim D’s injury, such as salt ties and tensions, which require approximately two weeks of medical treatment by occupational negligence, to the victim F(55 years of age) who was accompanied by the said Atosa car, respectively, for about two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Each written diagnosis;

1. The actual condition survey report;

1. A written report from an employee of an employer;

1. Application of Acts and subordinate statutes to reports on the statement of the situation of a driver;

1. Relevant legal provisions concerning criminal facts, Article 3 (1), the proviso of Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, 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;

1. Of concurrent crimes, the maximum amount of the punishment for the violation of the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act, which is heavier than the punishment for the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, shall be added;

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