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(영문) 청주지방법원 2016.10.13 2016고정637
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who drives a rocketing car in the course of performing his duties.

1. On May 15, 2016, the Defendant driving the said vehicle at a terminal distance located in the 2 cycle of Heung-gu Seoul Metropolitan City on May 15, 2016, with a blood alcohol concentration of 0.104%, and driving the vehicle at one lane above the two-lane in the direction of the direction of the Haw-dong in the direction of the Haw-dong.

In such cases, there was a duty of care to prevent accidents by accurately operating the steering and brakes well, and by accurately manipulating the steering and brakes.

Nevertheless, the Defendant neglected to do so and tried to see the front part of the victim C (the 26-year-old driver)'s vehicle in the same lane in front of the same lane due to negligence, which led to the fall from the brake system, in front of the above vehicle volume.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of treatment for about two weeks due to the above occupational negligence, and damaged the damaged vehicle’s repair cost of KRW 374,053.

2. A motor vehicle, which is not covered by mandatory insurance for temporary border as referred to in the preceding paragraph, is not operated on the road, but operated the motor vehicle without being covered by mandatory insurance, with knowledge of the fact that the motor vehicle is not covered by mandatory insurance.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual condition survey report, diagnosis report, and quotation;

1. Report on the result of crackdown on drinking driving and on the circumstantial statement of a drinking driver;

1. The application of Acts and subordinate statutes to licenses, inquiries into money, and mandatory insurance;

1. Article 3 (1) and the proviso to Article 3 (2) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant criminal facts, Article 268 of the Criminal Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, Article 151 of the Road Traffic Act, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation 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 shall apply to concurrent crimes;

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