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(영문) 대전지방법원 천안지원 2015.03.23 2015고정130
교통사고처리특례법위반등
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

1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving a B-hand vehicle.

At around 00:30 on October 11, 2014, the Defendant left the said car on the front of the D cafeteria located in Asan-si C.

At the time, other vehicles are parked at the rear side of the above B-hand vehicle, so in such a case, the Defendant, who is engaged in driving service, has a duty of care to take care of the safety of the course by checking well the left and right.

Nevertheless, as stated in Paragraph 2, the Defendant suffered injury such as salt, tension, etc. in front of the border line, which requires approximately two weeks of treatment to F (F, 26 years of age) who was on a vehicle with the front side of the E-Wing-In vehicle, which was parked in the front side of the E-Wing-in vehicle due to the negligence of being bread while under the influence of alcohol as set forth in Paragraph 2.

2. On the date and time set forth in Paragraph 1, the Defendant was driving a B-hand vehicle while under the influence of alcohol with approximately 0.185% of the blood alcohol concentration in the section of about 10 meters from the day front of the D cafeteria located in Asan City to the day before Scenic Sea of the same month in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on traffic accidents, and inquiry into the results of the control of drinking driving;

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

1. Relevant provisions of Article 3 (1), proviso of Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 1, and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and the selection of each fine;

1. The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act by aggravation of concurrent crimes (the weight of concurrent crimes resulting from the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, which has heavier penalty, and the lower limit shall be the penalty prescribed for the violation of the Road Traffic Act);

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won a day);

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act for the provisional payment order [the scope of sentencing].

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