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(영문) 대전지방법원 천안지원 2014.01.09 2013고정1228
교통사고처리특례법위반등
Text

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

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

Reasons

Punishment of the crime

At around 05:30 on June 16, 2013, the Defendant, while under the influence of alcohol of 0.09% from blood alcohol level, driven a Cpoter freight level with two-lanes in front of the Cpo-water elementary school located in the Cheong-dong, Chungcheongnam-gu, Chungcheongnam-gu, Yananan-do. Since there is an intersection or a central line installed, a person engaged in driving service has a duty of care to safely drive along the lane and prevent accidents in advance, and due to the negligence of operating the vehicle beyond the central line, the Defendant, while neglecting the duty of care, caused the victim's damage, such as the victim D(19 years old)'s eM 3 car operating normally in the above Poter 19 weeks, causing about four weeks treatment to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the suspect against the defendant;

1. Statement of D police statement;

1. The application of Acts and subordinate statutes to the traffic accident report (1) and (2) the actual condition survey report, field photograph, the report on detection of a jun driver, the on-site investigation report on the death or injury caused by dangerous driving, and

1. Relevant laws concerning criminal facts, and Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act (the point of sound driving), Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the choice of fines, respectively;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (to the extent that the maximum amount of the above two crimes shall be added to the punishment determined for the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents with heavy punishment);

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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