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(영문) 대전지방법원 홍성지원 2013.09.10 2013고정241
교통사고처리특례법위반등
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the service of operating a cruise car.

On June 19, 2013, at around 06:10, the Defendant driven the above vehicle while under the influence of alcohol of 0.154% of blood alcohol concentration, and proceeded with a two-lane distance from the Si/Gun/Gu of Boak-si to the 60km from the Si/Gun/Gu on the side of the bathing beach.

There are three-distance intersections.

In such cases, a person engaged in driving of a motor vehicle shall accurately operate the steering system, brakes, and other devices of the motor vehicle, shall not drive the motor vehicle at a speed or in such a manner as to inflict any danger and injury on others according to the traffic conditions of the road and the structure and performance of the motor vehicle, and has a duty of care to prevent accidents in advance by reporting the traffic situation well and safely.

Nevertheless, the defendant neglected to do so and neglected to stop on the front-side side of the road in the direction of the proceeding, and found and immediately proceeded with the DNA-wheeled vehicle driven by the victim C(the age of 69).

However, it was not possible to avoid this, and it was shocked by the victim's right hand on the right side of the driver's vehicle.

As a result, the Defendant suffered approximately three weeks of medical treatment from the victim due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Application of Acts and subordinate statutes to investigation report (a certificate of insurance coverage, diagnosis statement, quotation, and written agreement);

1. Relevant legal provisions concerning criminal facts, Article 3 (1), the proviso to Article 3 (2) 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, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and the selection of fines;

1. The Criminal Act among concurrent crimes.

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