logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2015.02.11 2014고정1985
교통사고처리특례법위반등
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

On September 11, 2014, the Defendant driven the above vehicle while under the influence of alcohol of 0.131% of blood alcohol concentration on September 11, 2014, and driven the five-lane ahead of the change distance in the Seo-gu of Daejeon along the direction of the change distance from the direction of the difference distance in the direction of the mother side of the world.

In such cases, there was a duty of care to prevent accidents in advance due to the maintenance of sufficient safety distance in preparation for the case where the preceding vehicle stops in person.

Nevertheless, the defendant neglected this and proceeds ahead of the same direction as the negligence of driving.

The part of the E-Poter, which was driven by the victim D (the age of 40) who was under suspension due to a change in signal signal, etc., was the front part of the car driven by the defendant.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of treatment due to occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written report from an employee of an employer;

1. Statement in the circumstances of an employee;

1. Application of Acts and subordinate statutes of D's written diagnosis;

1. Relevant legal provisions concerning criminal facts, Article 3 (1), the proviso of Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, and the selection of fines;

1. 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 within the scope of the punishment determined by the crime of violating the Act on Special Cases concerning the Settlement of Traffic Accidents which has heavier punishment and the maximum amount of each of the above crimes] among concurrent crimes;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won a day);

1. Article 334(1) of the Criminal Procedure Act provides that a provisional payment order shall be issued.

arrow