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(영문) 청주지방법원 2016.09.20 2016고정559
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of three million won.

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

Reasons

Punishment of the crime

1. The Defendant violating the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in driving of B QM3 vehicles.

On April 24, 2016, the Defendant driven the above vehicle under the state of alcohol content of 0.059% among blood transfusions, and continued the front road of Daejeon Seo-gu C from the central middle school room of the new Bhulle-gu to the decipite Ack-gu mediation broker of virtue cancer in the middle school.

Since there is a place where traffic control is not supported, the defendant engaged in driving service has a duty of care to check whether there is a cross-road vehicle by reducing speed or temporarily suspending the vehicle.

Nevertheless, the Defendant neglected to do so and went to the front part of QM3 vehicles, after driving the victim D(42 taxes) E, which was driven by a new luthththing luththth from the luthing room due to the negligence of driving while under the influence of alcohol, and shocked with the front part of QM3 vehicles.

As a result, the Defendant suffered injury to the victim, such as the right shoulder of the unknown door, which requires approximately four weeks of treatment due to such occupational negligence.

2. On April 24, 2016, the Defendant: (a) driven B QM3 vehicles under the influence of alcohol content of about 0.059% from the 1km section to the front road of Daejeon Taedong-gu Daejeon Seodong-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City), around 01:10 on April 24, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report (1) (2), on-site photographs, and medical certificate;

1. Notification of the results of regulating the driving of alcohol and application of Acts and subordinate statutes of the report on the circumstances of drivers;

1. Relevant Article 3 (1) and the proviso to Article 3 (2) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to which a punishment is granted, Article 268 of the Criminal Act, Article 148-2 (2) 3 and 44 (1) of the Road Traffic Act, and the selection of fines, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The order of provisional payment;

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