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(영문) 대전지방법원 2018.06.01 2018고정136
교통사고처리특례법위반(치상)등
Text

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

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

Reasons

Punishment of the crime

The defendant is a person engaged in driving a motor vehicle B with detached motor vehicles.

On November 23, 2017, the Defendant driven the said car under the influence of alcohol content of 0.081% in blood, and driven the said car at a 0.081% radius in Daejeon Middle-gu, Daejeon-gu, the Defendant driven the road of five lanes in front of the four-lane radius in the direction of the four-lane radius and proceeded toward about 30 kilometers in the direction of the five-lane radius in the direction of the five-lane radius. On the other hand, the Defendant turned to the direction of the five-lane radius in the direction of the five-lane radius in the direction of the area of the U.S., the Defendant turned to the direction of the five-lane radius in Daejeon-gu.

In this case, the driver of the vehicle has a duty of care to view the right and the right and the right and the right and the right and duty of care to prevent the accident in advance by accurately manipulating other devices such as the brakes of the vehicle.

Nevertheless, when the Defendant was negligent in neglecting his duty while driving the vehicle in the front of the Defendant, the Defendant was found and operated late after the victim C(37 Do) who was standing in the front of the Defendant, but did not reach this, and received the back part of the Defendant’s vehicle as the front part of the Defendant’s vehicle.

As a result, the Defendant suffered injury to the victim, such as the brush and tensions, tensions, etc., which require approximately two weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Ma1, Ma2, a photograph of drinking alcohol measurement for a driver;

1. A medical certificate;

1. Application of Acts and subordinate statutes to a traffic accident report and a report on the detection of a primary driver;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated 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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