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(영문) 대전지방법원 2017.11.13 2017고단1783
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

1. The defendant is a person who is engaged in driving of CPoter cargo vehicles.

On April 8, 2017, the Defendant driven the above cargo while under the influence of alcohol content 0.075% during blood transfusions, and led to the flow of the four-lane road in front of the four-lane crossing of the four-lane from the four-lane distance from the base base of the plate-dong, Daejeon-gu, Seoul to the parallel of the four-lane distance from the base of the base base of the street at an insular speed.

At the same time, there was an intersection where signal lights are installed, so there was a duty of care to prevent accidents in advance by complying with the traffic signal, properly operating the steering system and the steering system, and by accurately operating the steering system and the steering system.

Nevertheless, the Defendant was driven by the victim D (Woo, 41 years old) who was stopped immediately before the intersection in accordance with the Estyna car operated by the victim D (Woo, 41 years old) due to the negligence of the Defendant’s failure to care well, and received the part behind the Defendant’s vehicle in front of the Defendant’s vehicle.

Ultimately, the Defendant suffered injury to the victim, such as brain salvins, which requires treatment for about 20 days by occupational negligence as above.

2. The Defendant violated the Road Traffic Act (drinking driving) driven C Poter truck with alcohol content of 0.075% at the places as stated in paragraph 1, and while under the influence of alcohol during blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A survey report on actual conditions;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. Application of Acts and subordinate statutes to the driving license ledger;

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) 3 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. The order of provisional payment;

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