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(영문) 대전지방법원 2014.01.08 2013고정2067
교통사고처리특례법위반등
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Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On October 1, 2013, the Defendant is a person who is engaged in driving CFrocketing or other automobiles, and driven the said vehicle under the influence of alcohol level of 0.104% on October 19, 2013, while driving the said vehicle at a speed of about 30 KK high speed from the right side of the gate-dong to the intersection of the west-gu World Real Estate Agent.

At the same time, in such cases, a person engaged in driving a motor vehicle has a duty of care to prevent accidents in advance by safely driving the motor vehicle by looking at the front side and the left side.

Nevertheless, the Defendant neglected to do so and got off the front part of the instant vehicle driving by the Defendant’s driver’s vehicle E, the front part of the victim’s low-speed vehicle driving from the direction of the mathal intersection by negligence.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, which requires approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A traffic accident report;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. A medical certificate;

1. Application of the photographic Acts and subordinate statutes;

1. Article 3 (1), the proviso of 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) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense (the point of driving a motor vehicle while driving a motor vehicle);

1. Selection of each alternative fine for punishment;

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. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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