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(영문) 전주지방법원 2016.02.16 2015고정1047
교통사고처리특례법위반등
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

1. On August 19, 2015, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents: (a) drive a franchising freight vehicle B as his/her duties; (b) was driving a tent, which is not divided into two lanes in front of the previous North Korean territory C, from the side of the internal rural village to the chill village.

At the time, since it is at night, there was a duty of care to operate safely by accurately manipulating devices such as brakes and steering gear.

Nevertheless, the Defendant, while under the influence of 0.111% of alcohol level in blood, was negligent in driving while driving while being under the influence of alcohol, and received the shoulder part of the victim D (M, 43 years of age) and E (M, 32 years of age) on the part of the Defendant’s cargo driver’s seat, and received the light part after driving the cargo.

Thus, the defendant suffered injury to the victim D by negligence in the course of performing the above duties, such as light dump, which requires approximately two weeks of treatment, and injury to the left-hand dump, which requires approximately ten days of treatment to the victim E.

2. On August 19, 2015, the Defendant, while under the influence of alcohol at around 0:00, driving a 200-meter 111% of the franchising freight vehicle B from the franchising village of the front franchise of the front franchise, to the same 44-meter front of the front franchise cire-ro of the dead flue.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E and D;

1. A traffic accident report, a survey report, and an accident scene photograph;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

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

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning the facts constituting an offense, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the same Act concerning the driving of alcohol;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each alternative fine for punishment;

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 of the Criminal Act to attract a workhouse.

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