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(영문) 대전지방법원 천안지원 2014.12.30 2014고정1116
교통사고처리특례법위반등
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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

At around 14:00 on June 21, 2014, the Defendant was under the influence of alcohol of 0.11% during blood alcohol level, and the Defendant was driving Bho-do-dong-dong-dong-dong-dong-dong-dong-dong-gu CD by driving Bho-do-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong. Since there is a center line of yellow-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong, a person engaged in driving a motor vehicle has the duty of care to thoroughly operate the front-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si and safely operate the opposite lane by neglecting it. However, the Defendant was under the duty of care due to the negligence that caused the victim to suffer injury, such as the injury of the victim during approximately 2 week-day-n.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police and prosecutorial examination of the accused;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes to a survey report on actual situation, an accident site photograph, a copy of the usage register of a drinking measuring instrument, a diagnostic copy, and a report on detection of a drinking driver;

1. Relevant provisions of Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, 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. From among concurrent crimes, the punishment for concurrent crimes shall be aggravated within the scope of the sum of the maximum amount of the crimes stipulated in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (limited to the aggravated punishment within the scope of the crimes of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents with heavy punishment, but the lowest sentence shall be determined

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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