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(영문) 청주지방법원 충주지원 2014.11.12 2014고정46
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who drives B's low-income motor vehicle.

On November 11, 2012, the Defendant, while under the influence of alcohol with 0.138% of blood alcohol concentration around 16:50 on November 11, 2012, driven the above vehicle without the driver’s license, and proceeded with the road 200 meters of prudented road in Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do.

At the time, the victim C(55 years old) driver was at the front of the vehicle driving direction at the time, and as the victim C(55 years old) driver was at the seat of the signal stop, the driver was obliged to live well at the front and left, accurately operate the steering and steering gear, and drive it at a safe speed and in a safe way.

Nevertheless, the Defendant, while neglecting the front-time of the vehicle, has caused the collision with the rear part of the victim vehicle due to the negligence of driving the vehicle in a sudden manner.

Ultimately, the Defendant suffered injury to the victim C, such as catitis, which requires treatment for about two weeks, due to such occupational negligence, and suffered injury to the victim E (the 52 years old), such as catitis, which requires treatment for about two weeks, and suffered injury to the victim F (the 24 years old), such as catitis, which requires treatment for about two weeks.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. C’s statement;

1. The actual condition survey report, the report on the actual state of a driver, the report on the actual state of a driver, the report on actions against a driver, and the register of driver's licenses;

1. An accident site photograph;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1), the proviso to Article 3 (2) 7 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Among the crimes of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents under Articles 40 and 50 of the Commercial Code, and the victim C with the largest criminal situation.

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