logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2017.02.24 2016고단3936
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

When 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 car B.

On November 08, 2016, the Defendant, while under the influence of alcohol content of 0.108% from blood alcohol level around 21:00, 4 lanes in front of Daejeon-gu, Daejeon-gu, was driven at the speed of about 40 kilometers a speed of about 40 kilometers a speed of about 40 kilometers a speed, depending on the two-lanes from the direction of the fourth parallel distance from Daejeon-gu, Daejeon-gu.

In such cases, a person engaged in driving motor vehicles has a duty of care to prevent accidents in advance by accurately manipulating the steering side and the steering system.

Nevertheless, the Defendant neglected to do so and proceeded as it is, and the Defendant was the victim E (30 years old) who stops in the same lane as the front body of the bed vehicle at the front of the passenger car of the Defendant, which was driven by the victim E (30 years old).

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of medical treatment due to occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the result of regulating driving of drinking alcohol;

1. Application of Acts and subordinate statutes stated in a written diagnosis;

1. Relevant Article 3(1) and the proviso to Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents by the Selection of Punishment, Article 268 of the Criminal Act, Articles 148-2(2)2 and 44(1) of the Road Traffic Act, and the selection of fines for each crime;

1. Aggravation of concurrent crimes resulting from the crimes prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (limited to the sum of the maximum amounts of the crimes above two crimes) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the punishment of which is heavier, shall be aggravated: Provided, That the lowest penalty shall be determined by the crimes specified for the violation of traffic Acts on roads;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason reflects on the sentencing of Article 334(1) of the Criminal Procedure Act in the order of provisional payment, the alcohol concentration in the blood of this case, and the purchase of a comprehensive insurance policy.

arrow