logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 대전지방법원 서산지원 2018.01.18 2017고정295
교통사고처리특례법위반(치상)등
Text

1. The sentence against the accused shall be seven thousand won;

2. The defendant does not pay the above fine.

Reasons

Punishment of the crime

On November 29, 2013, the Defendant received a fine of KRW 4.5 million as a crime of violating road traffic law (drinking driving) from the Seosan Branch of the Daejeon District Court on November 29, 2013, and a fine of KRW 2 million as a crime of violating road traffic law (drinking driving) from the same support on February 14, 2008.

The defendant is a person who has a driving force of drinking more than twice as above, and is driving B-learning car volume.

On October 6, 2017, the Defendant driven the said car under the influence of alcohol level of 0.265% among blood alcohol level around 21:10, while driving the said car, and led the king intersection from the west to the intersection between three-lanes among the three-lanes located in the west 801-6, Seosan City.

At the time, vehicles are stopped for signal waiting at night, and in such a case, there was a duty of care to prevent accidents in advance by accurately manipulating the front door, the left and left, and the right and the right of the driver.

Nevertheless, the Defendant neglected this and went under the influence of alcohol and sustained two-day treatment for the victim E (V) and the victim C(23) respectively, by shocking the back portion of the Dsch Rexn car driven by the victim C (50) who was in the atmosphere of the signal at the front of the Defendant’s vehicle. The Defendant suffered two-day treatment for the victim E (V, 49) and the victim C(23).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A survey report on actual condition and photographs on the scene of accidents;

1. Statement of the circumstances of the driver involved in driving;

1. Application of Acts and subordinate statutes of a medical certificate;

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 criminal facts, Article 268 of the Criminal Act, Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning criminal facts (the point of drinking);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each alternative fine for punishment;

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 (1) of the Criminal Act for the aggravation of concurrent crimes.

arrow