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(영문) 대전지방법원 논산지원 2016.11.22 2016고정117
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B M& car.

On August 27, 2016, at around 19:20, the Defendant driven the said car while under the influence of alcohol of 0.123% of blood alcohol concentration, and led the Defendant to drive the said car at a 0.123% of the said car, which is located in the Gohap-gun, Chungcheongnam-gun, Chungcheongnam-gun.

At the time, the road is a bend, where the center line of the yellow-ray is installed, a person engaged in driving motor vehicles has the duty of care to thoroughly drive the motor vehicle at the front time and to safely drive the motor vehicle with the duty of care.

Nevertheless, the Defendant was under the influence of alcohol and neglected to do so and proceeded with the center line as it is, by negligence, and by negligence, the Defendant was driven by the injured party C (W, 30 years old) who was drinking in the opposite part of the time boom, and received the wheels in front of the right-hand part of the car driving on the upper right-hand part of the Defendant’s driving.

As a result, the Defendant suffered damages to the victim’s reputation in the part where the head’s unknown is required to be treated for about two weeks due to the above occupational negligence, and damages to the victim E (the age 2) who was on board the damaged vehicle for about two weeks, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

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

1. Notification of the results of crackdown on drinking driving and the circumstantial report of drinking drivers;

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

1. Article 3 (1), Article 3 (2) (proviso) 2 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents by Relevant Acts concerning criminal facts, Article 268 of the Criminal Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (a 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. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The order of provisional payment;

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