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(영문) 대전지방법원 논산지원 2016.07.19 2016고단54
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a motor vehicle of Class B and III cargo.

On November 7, 2015, the Defendant driven the above cargo vehicle under the influence of 0.134% alcohol during blood alcohol during the influence of around 17:45, and led to the driving of the above cargo vehicle at a speed of about 50 km per hour from the shot area of the Gu in the direction of Chungcheongnam-gun, Chungcheongnam-gun.

Since there is a place where the center line of yellow solid lines is installed, there was a duty of care to ensure that a person engaged in driving service is obliged to thoroughly operate the front line and safely operate the tea.

Nevertheless, the Defendant neglected to do so under the influence of alcohol and went into the area of the main body in front of the Defendant’s driving of the Fsspkek, the upper part of the Fspkek’s driving of the victim E(33 spak) driving, which was coming into the area of the main body of the Defendant’s driving, coming into the upper part of the upper part of the 33 spkek’s driving.

After all, the Defendant suffered injury to the victim due to the above occupational negligence, such as the pelf and the pelf damage of the pelf and the pelf in the right spelf, in which the victim needs to be treated for about five weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Reporting on the occurrence of a traffic accident and reporting on a traffic accident;

1. Notification of the results of regulating the driving of drinking alcohol and statement in the circumstances of the driver of drinking alcohol;

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

1. Relevant Article 3 (1), the proviso to Article 3 (2) 2, and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning criminal facts, the selection of fines, respectively;

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(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, the defendant's negligence, the degree of injury to the victim, the defendant's blood alcohol concentration (0.134%) at the time of the accident, and the victim.

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