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(영문) 청주지방법원 충주지원 2016.08.17 2016고정63
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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 freight B.

On November 30, 2015, the Defendant driven the said vehicle under the influence of alcohol level of 0.115% during blood transfusion, and led the D farm road in front of C in Chungcheong City to D from the side of the ductal village.

At the time, the location is bended by the bend, and the defendant was in progress with the bend road by getting the victim E (62) of the passenger, so if the person engaged in such driving service is a person, he/she has a duty to take a duty to take a duty to prevent accidents and drive accidents by accurately operating the steering and steering gear.

Nevertheless, the defendant neglected to do so and caused the above vehicle to go to the left side of the farm road at a bend and bend by negligence.

Ultimately, the Defendant caused the victim, who was on board the top of the steering force of the above vehicle due to the above occupational negligence, to suffer an injury to the shoulder and left arms on the days of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A medical certificate;

1. Application of the Acts and subordinate statutes to report the occurrence of traffic accidents, a survey report on actual conditions, field photographs, and the results of crackdown on drinking driving;

1. Relevant Article of the Act on Special Cases concerning the Settlement of Traffic Accidents, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the occupation of drinking and the selection of fines), Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Aggravation of concurrent crimes within the scope of the sum of the long-term punishments of each of the crimes specified in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the minimum sentence shall be applicable to the crimes specified for the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, which require more severe punishment];

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

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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