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(영문) 대전지방법원 천안지원 2014.04.11 2014고정188
교통사고처리특례법위반등
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Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

The defendant is a person engaged in the operation of the B-to-pur vehicle.

1. On November 28, 2013, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents, while under the influence of alcohol by 00:35% of blood alcohol content, the Defendant proceeded to turn to the left from the edge of the modern car shooting distance on the side of Samsung, Seo-gu, Seo-gu, Seo-gu Office of Labor in Yanan-gu, Seo-gu, Seoan-gu, Seoul,

At the time, since the snow dysled road, the driver had a duty of care to prevent accidents in advance by accurately manipulating the steering direction and brake system of the motor vehicle in consideration of road conditions.

Nevertheless, the Defendant neglected this and failed to accurately operate the steering direction and brakes while under the influence of alcohol, thereby causing injury, such as damage of the right hacker, which requires treatment for about four weeks, by shocking the body part of the victim C(25 years of age) on the right hand side of the Defendant driving vehicle.

2. Around 00:35 on November 28, 2013, the Defendant was under influence of alcohol with a blood alcohol concentration of 0.097%, and the Defendant was driving a B-hurd motor vehicle at the section of approximately 500 meters from the road front the Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seoul to the long distance in the same Ministry of Labor.

Summary of Evidence

1. Defendant's legal statement;

1. A survey report on actual condition and a report on detection of a host driver;

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

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act, the selection of fines for each crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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