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Reasons
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(영문) 대전지방법원 2016.10.27 2016고정1070
교통사고처리특례법위반등
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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 driving a 1 ton of solid cargo vehicle in business.

On December 04, 2015, at around 01:50, the Defendant driven the said vehicle in the state of drinking alcohol concentration of 0.125%, and continued the front road in Seo-gu Daejeon, Seo-gu, Daejeon from the Do3rd side to the Doe 1st line on December 04, 2015.

At the time of the accident, there has been a center line installed at night, and there has been a duty of care to keep the opposite direction beyond the center line due to a large number of vehicles moving.

Nevertheless, the Defendant neglected this and went back to the opposite one-lane due to the negligence going beyond the center line, and was placed in the opposite part before the left side of the F private taxi driver E (the 72 years old, south).

Ultimately, the Defendant caused the victim E (72 years of age, remaining) to suffer injuries, such as salt kneeing, tensions, etc. in detail due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A traffic accident (survey report on actual condition), accident site photograph, report on detection of the driver, and report on the actual state of the driver;

1. Application of Acts and subordinate statutes of a medical certificate;

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

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. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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