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(영문) 대전지방법원 천안지원 2018.03.08 2018고정1
교통사고처리특례법위반(치상)등
Text

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

Where the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. On May 12, 2017, the Defendant: (a) driven a C body-man car in the section C of about 12 km at the front of the road of Asan City, Eup/Myeon-gu, the south-dong intersection of Asan City, where the trade name in the Yan City cannot be known while under the influence of alcohol level 0.090% from blood alcohol level around 00:30 on May 12, 2017.

2. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) shall be driven by the Defendant frequently or frequently;

On May 12, 2017, the Defendant driven the said car under the influence of alcohol as indicated in paragraph 1 of around 00:30, and driven the two-lane road near the south-dong intersection located in the Eup/Myeon/Dong-gu in the Sinsan City, Asan-si, the Defendant driven the two-lane road along the south-dong intersection from the direction of the west to the south-dong intersection.

The Defendant, while under the influence of alcohol, was driving in the same direction as that of the same lane without properly viewing the front, did not find out that the victim D ( South, 33 years old) E driving car stops for the waiting signal, and concealed the part of the Defendant’s vehicle behind the victim’s vehicle in front of the passenger vehicle.

In this accident, the victim D suffered injuries, such as clocks and tensions, which require approximately 2 weeks of treatment, and the victim F (the victim D driver and driver) suffered injuries, such as clocks and tensions, which require approximately 2 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of a traffic accident (D);

1. A fact-finding survey report and field map, report on the occurrence of a traffic accident, and photographs of the scene of the accident;

1. Notification of the results of crackdown on the driving of drinking, report on the situation of the driver of drinking, and inquiry of the results of crackdown on the driving of drinking;

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

1. Article 148-2 (2) 3 and Article 44 (1) of the Traffic Act concerning facts constituting an offense, Article 3 (1) and the proviso to Article 3 (2) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act;

1.Articles 40 and 50 of the Criminal Code of Trade and Trade (Article 40).

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