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Reasons
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(영문) 청주지방법원 2013.09.12 2013고정708
교통사고처리특례법위반등
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Defendant shall be punished by a fine of KRW 3,500,000.

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 duties of driving the CSP vehicle owned by B (State).

1. On June 21, 2013, at around 03:46, the Defendant driven the above vehicle from the front corner of the instant restaurant located in the Cheongju-gu Cheongdong-dong to the Handong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong, under the influence of alcohol by 0.12% (%).

2. On June 21, 2013, the Defendant driven the above vehicle at a speed of 50 kilometers per hour from the bank of the Heungdong-gu, Chungcheongnam-gu, Chungcheongnam-gu to the intersection of the private street of the Ildong-gu, Chungcheongnam-gu, Chungcheongnam-gu.

In such a case, since there are frequent traffic and on-and-off signals, there was a duty of care to check and proceed with the traffic situation of the intersection by temporarily suspending in the process of a red signal flashing, etc.

Nevertheless, the Defendant neglected this and got the part of the E-learning car driving ahead of the vehicle operated by the victim D (Nam, 67 years of age) due to yellow domination, etc. due to the negligence in progress as is, which was carried out by the Defendant, to the right side of the Defendant.

Therefore, the victim F (n, 59 years old) who was accompanied by the victim and the damaged vehicle suffered from the injury such as the fatum and the left-hand fat, which require two-day medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Response to the request for appraisal;

1. A report on detection of a host driver (23 pages of investigation records);

1. A written statement of traffic accident;

1. Each written diagnosis;

1. Application of the photographic Acts and subordinate statutes;

1. Article 3 (1) and the proviso of Article 3 (2) of the Act on Special Cases concerning the Handling of Traffic Accidents by Relevant Acts concerning criminal facts, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act (the point of sound driving);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment;

1. Article 37 of the Criminal Code among concurrent crimes.

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