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(영문) 대전지방법원 서산지원 2013.03.28 2013고합14
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who drives a cargo vehicle B. A.

At around 17:00 on September 23, 2012, the Defendant was under the influence of alcohol at a 0.200% of blood alcohol concentration, and the Defendant was under the influence of alcohol on the roads in front of the Jin-gu Eup/Myeon, Jin-si, Jin-si, Jin-si, from the right side to the right side of the Jin-si.

In this case, a person engaged in driving of a motor vehicle has a duty of care to take into account the front side and the left side, and to accurately operate the steering and brakes.

Nevertheless, under the influence of alcohol, the victim C (the age of 72) who is in the atmosphere of the signal on the road in front of the Magjin Magjin Mag-gu, was driven by negligence and was led to the front part of the vehicle of the defendant.

The Defendant, by such occupational negligence, sustained injury to the victim C, such as salt c, which requires approximately two weeks of medical treatment, and suffered injury to the victim E (V, 67 years of age) of the same victim vehicle for about two weeks of medical treatment.

B. In such a case, the Defendant driven a freight vehicle at a section of about 500 meters from the front road to the front road in the front road to the front road in the Dong of Eup/Myeon in the same Eup/Myeon, regardless of any fluence in the fluence of blood alcohol content of 0.20%.

C. The Defendant, without obtaining a driver’s license, driven a cargo vehicle in the same section as that of the foregoing B.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A E-document;

1. Reports on traffic accidents and evidence and photographs of traffic accidents;

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

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3(1), the proviso of Article 3(2)7 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2(2)1, and Article 44(1) of the Road Traffic Act concerning criminal facts, and Article 44 of the Road Traffic Act.

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