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(영문) 대전지방법원 서산지원 2019.03.14 2018고단1282
교통사고처리특례법위반(치상)등
Text

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

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

Reasons

Punishment of the crime

1. Around 02:30 on October 28, 2018, the Defendant driven a F Ka Costacom Corpon vehicle under the influence of alcohol leveling 0.148% from the 33K section from the front of the convenience store in the bridge B located in Seosan-si to the front of a restaurant located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do.

2. The Defendant is in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) that is a person engaged in the operation of F Costa Star.

On October 28, 2018, around 03:05, the Defendant was going to proceed to the sea bed from the entrance of the bathing beach at the port of Mangnan, along the first line of the second two lanes in the 15 Mangnan-gun, Chungcheongnam-gun, Chungcheongnam-do.

At the time, there was a new wall, and there was a lot of vehicle traffic, so in such a case, a person engaged in driving a motor vehicle has a duty of care to prevent accidents by accurately manipulating the front door and the left and right, and accurately manipulating the steering direction and the brake system.

Nevertheless, the Defendant neglected this and caused the injury to the upper part of the upper part of the upper part of the foregoing vehicle, which requires approximately eight weeks of treatment to G, South, and 31 years of age, where he was on the upper part of the upper part of the foregoing vehicle, by shocking the front part of the road in the direction of the driving by the negligence of driving under the influence of alcohol, as described in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. A letter of self-production prepared by G;

1. The actual condition of traffic accidents;

1. Reports on the occurrence of traffic accidents;

1. Notification of the control of drinking driving;

1. A medical certificate;

1. Application of statutes on site photographs;

1. Relevant legal provisions concerning criminal facts, Article 3 (1), the proviso to 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 former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The order of provisional payment;

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