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(영문) 대전지방법원 2017.12.21 2017고정1403
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. The defendant is a person who is engaged in driving of a vehicle Cwing and ゲ in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents;

On August 15, 2017, the Defendant driven the above cargo vehicle at around 15:50 on August 15, 2017, and led to a sudden speed from the parking lot of the office at the south-do, Geumsan-gun, Chungcheongnam-gun.

Since there are many lots of parking lots for pedestrians, the driver of the motor vehicle has a duty of care to drive the motor vehicle safely by thoroughly performing the duty of front and rear drinking duty.

Nevertheless, the Defendant neglected this and caused the damage to the back of the cargo vehicle to go beyond the road by failing to discover the victim D (M, 37 years old) who was behind the cargo vehicle of the Defendant while under the influence of alcohol 0.188% while driving a motor vehicle.

As a result, the Defendant suffered injury to the victim, such as brain salvin, which requires approximately two weeks of medical treatment due to the above occupational negligence.

2. On the same date and time as Paragraph 1, the Defendant was driving a C-wing and Ⅲ cargo vehicle under the influence of alcohol concentration of 0.188% in blood at the place of the said accident.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

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

1. Statement of the circumstances of a driver who is engaged in driving, report on detection of a driver who is engaged in driving, and notification of the results of crackdown on drinking;

1. Application of the Acts and subordinate statutes for medical certificates and investigation reporting;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning the facts constituting an offense, Article 268 of the Criminal Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the point of drinking alcohol driving);

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of concurrent crimes;

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

1. Article 334(1) of the Criminal Procedure Act provides that a provisional payment order shall be issued.

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