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(영문) 춘천지방법원 2014.04.24 2014고단178
교통사고처리특례법위반등
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

1. On February 14, 2014, the Defendant: (a) driven a C-wing truck under the influence of alcohol level of about 0.122% at a section of about 200 meters, from the road front of a restaurant for the safe stock farm in Yang-gu, Yang-gu, Yangyang-gu, Yangyang-gu, Yangyang-gun, to the front road of the same Eup/Myeon, which is located in the 60-ro of the said Eup/Myeon.

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

On February 14, 2014, at around 14:36, the Defendant, while under the influence of alcohol, driven the said cargo, and led to the driving of the said cargo at approximately 40 km each speed of the road in front of the eanna computer located in the 60-gu, Yangyang-gu, Yangwon-gun, Yangyang-gu, Yangwon-gun, to forestry cooperatives at the direction of the cafeteria cafeteria cafeteria.

At all times, there was an intersection where traffic control is not performed on the front bank, so there was a duty of care to check whether there was a cross-road vehicle by reducing the speed or temporarily stopping for the person engaged in driving service.

Nevertheless, the defendant neglected this and found the victim D (the 77 years old) who cross the above intersection from the left side to the right side by his negligence, and operated it rapidly, but the defendant did not avoid it, but did not go beyond the ground after receiving the victim's chest from the front part of the cargo of the defendant.

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence, such as blood transfusion, etc., from the injury of the victim, which requires approximately four weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report on traffic accidents;

1. On-site photographs;

1. Making a report on the control of drinking driving;

1. Written statements of D;

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

1. Article 3(1) and the proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act, Article 148-2(2)2 and Article 44 of the Road Traffic Act.

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