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(영문) 청주지방법원 제천지원 2017.04.20 2017고단21
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of KRW 4,500,000.

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

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a C-wing and cargo vehicle in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On January 13, 2017, the Defendant driven the above cargo while under the influence of 0.106% alcohol during blood transfusions on January 13, 2017, and led the front of the E-Road D at Incheon City to the funeral funeral funeral room at the bank of the Incheon Police Station.

In this case, a person engaged in driving service of a motor vehicle has a duty of care to take the front side and left side well and to accurately manipulate the steering gear and prevent accidents in advance.

Nevertheless, while under the influence of alcohol, the Defendant was negligent in driving the victim F(36 Do) driving at the signal atmosphere due to the negligence of neglecting it, and received the rearer of the said cargo vehicle in front of the said cargo vehicle.

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.

2. Around 20:20 on January 13, 2017, the Defendant driven the above-wing truck under the influence of alcohol leveling 0.106% of alcohol leveling from approximately 15km to the front road located in D in the same city, Seoyang-gu, Yangyang-gu, Yangyang-si, Seoul, for the purpose of alcohol leveling from around 20:20 to the front road in D.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement of the occurrence of a traffic accident of F;

1. A report on the occurrence of a traffic accident, a survey report on the actual condition and a statement on the circumstances of the driver at home;

1. Inquiries about the results of crackdown on driving alcohol;

1. A medical certificate;

1. Application of Acts and subordinate statutes governing accident scene photographs;

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. A crime under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, or Article 50 of the Criminal Act (an injury or injury caused by a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, whichever punishment is heavier;

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