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(영문) 대전지방법원 논산지원 2015.08.21 2015고정73
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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 a motor vehicle B with the test.

On April 20, 2015, at around 15:25, the Defendant driven the said car while under the influence of alcohol 0.093% of alcohol level, and continued to proceed to the direction of the direction from the edge of the road in front of C during the Seosan City.

In such cases, a person engaged in the driving of motor vehicles has a duty of care, such as making an operation of steering gear, brake and other devices of motor vehicles, and driving according to the structure and performance of motor vehicles.

Nevertheless, the defendant neglected to do so and was placed in front of the above passenger car driving by the defendant's vehicle and sewage pipe, which is set up on the right side of marina course due to negligence.

Ultimately, the Defendant suffered injury to the victim D (V, 60 years of age) who was on board the said car driven by the Defendant due to the above occupational negligence, such as brain salva for about three weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, photographs of the scene of the accident, notification of the results of crackdown on drinking driving, a report on the circumstantial statements of the driver involved in driving, and a next inquiry

1. A report on investigation (Attachment of a medical certificate) and a medical certificate accompanying the report prepared by the police;

1. Application of investigation reports (demark) Acts and subordinate statutes prepared by the police;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act, and the selection of fines;

2. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [limited to the maximum amount of concurrent crimes resulting from the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, which is heavier than imprisonment];

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

4. Order of provisional payment;

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