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(영문) 전주지방법원 2016.05.17 2016고정108
교통사고처리특례법위반등
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

1. On October 18, 2015, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents: (a) drive B Poter Cargo Vehicles as a duty; and (b) was straight ahead of the mountain village in front of the mountain village at the schill of Sam-gun, Suwon-gun, Suwon-gun, Suwon-gun, Seoul, in a two-lane way from the schill side to the schill.

The driver of a motor vehicle has a duty of care to safely drive the motor vehicle by accurately manipulating the apparatus such as steering gear and brakes at all times.

Nevertheless, the Defendant was negligent in driving while under the influence of 0.122% alcohol level during blood while driving the vehicle while being drunk, and was under the influence of the victim C(46 years old) who temporarily stops pursuant to the new subparagraph, and then was under the influence of the Defendant’s cargo level before the Defendant’s cargo vehicle.

Thus, the defendant suffered the injury on the two sides, which requires approximately two weeks of medical treatment to the victim C due to such occupational negligence, and the injury on the two sides, which requires approximately two weeks of medical treatment to the victim E (V, 41 years of age) who is the passenger of the damaged vehicle, and the injury on the two sides, which requires approximately one week of medical treatment to the victim F (V, 8 years of age) who is the passenger of the damaged vehicle.

2. On October 18, 2015, the Defendant was under the influence of alcohol level of 0.122% from the blood alcohol level around 18:30 on October 18, 2015, driving B Pool at the distance of approximately 500 meters from the front of the vinyl of the Defendant’s cultivation in the former North Yju-gun G, which was in the influence of alcohol level of 0.122% on the road in front of the same Eup/Myeon village in front of the same Eup/Myeon.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A traffic accident report and on-site photographs;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. Application of Acts and subordinate statutes to a report on investigation (related to calculation of injury to victims);

1. Article 3(1) and the proviso of Article 3(2)1 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupational and dental occupation), Article 148-2(2)2 and Article 44 of the Road Traffic Act concerning criminal facts.

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