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(영문) 청주지방법원 영동지원 2018.01.18 2017고정44
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of a low-priced flusing vehicle.

1. On August 9, 2017, the Defendant, at around 14:30 and around 14:30, became straight at the speed of about 30 km/h from the two-lanes in the two-lanes in which the Defendant tried to take the front of the road D in front of the Chungcheongnam-gun, Chungcheongnam-do, Chungcheongnam-do, by taking a separate line from the Young-dong, and going straight at the speed of about 30 km.

At the time, there was another vehicle waiting for signal signal in the same lane as the previous one, and in such a case, the driver of the vehicle has a duty of care to safely drive the vehicle and prevent the traffic accident by safely driving the vehicle.

Nevertheless, while neglecting this, the victim F (the 37-year-old) driving G observers in the above signal waiting, the latter part of the vehicle's G observers in the front of the above high fluor.

Ultimately, the Defendant suffered from the injury of the victim F and the passenger H (V, 62 years old), respectively, by negligence in the course of performing the above duties, around 2 weeks of light clocks, tensions, etc. to the victim F and the passenger H of the foregoing options.

2. At the time and place set forth in paragraph 1, the Defendant driven the above string vehicle in a state of alcohol concentration of 0.185% in blood.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on investigation, a report on telephone investigation, and a report on internal investigation;

1. A report on the actual condition of survey and the occurrence of a traffic accident;

1. Notification of the results of regulating drinking driving;

1. A written appraisal of alcohol during blood;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning the facts constituting an offense, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the same Act concerning the driving of alcohol;

2. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (only between violations of the Act on Special Cases concerning the Settlement of Traffic Accidents);

3. Selection of each alternative fine for punishment;

4. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act for the increase of concurrent crimes.

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

6. Order of provisional payment;

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