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(영문) 대전지방법원 공주지원 2018.11.23 2018고단417
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On July 19, 2018, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven a freight vehicle with alcohol level of 0.125% in alcohol level during blood transfusion on July 13:50, 201, and, at the time of official residence, driven a new-end truck with freight level of 0.125% in flow along the two-lanes between the following two-lanes:

In this case, a person engaged in driving of a motor vehicle shall not drive the motor vehicle under the influence of alcohol, and there was a duty of care to accurately operate and safely drive the steering direction and brake system of the motor vehicle.

Nevertheless, the Defendant, by negligence of driving a stroke while under the influence of alcohol, shocked the stroke on the right side of the cargo, and changed the course to a one-lane, and changed to a one-lane, the Defendant shocked the part of the victim C(46 tax) driving in the direction of the victim C(46 tax) to the left side of the cargo vehicle of the Defendant.

Ultimately, the Defendant suffered, by such occupational negligence, the injury to the victim C in the fluoral finites requiring approximately two weeks of medical treatment, and the injury to the victim E (V, 46 years of age) who was accompanied by the damaged vehicle, such as requiring approximately two weeks of medical treatment.

2. On July 19, 2018, the Defendant was driving a breadon truck with alcohol content of about 0.125% in the section of approximately 46km from the Defendant’s dry field located in F in J on July 13:50, 2018 to the point of 44km in the direction of Daejeon High-gu, U-gu, U-U.S. Daejeon-J.-J., Sinju at the time of public holidays.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting a traffic accident (1) (1) (on-site investigation report), reporting a traffic accident (2) (2) (on-site investigation report), and notifying the results of regulating drinking driving;

1. Each written diagnosis;

1. Application of CD-related Acts and subordinate statutes

1. Article 3(1) and the proviso of Article 3(2) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation of occupational and dental occupation) and Article 148-2(2) of the Road Traffic Act concerning criminal facts.

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