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(영문) 대전지방법원 2016.12.08 2016고정1262
교통사고처리특례법위반(치상)등
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

On July 23:30, 2016, the Defendant driven a 2-wing 3 truck with blood alcohol concentration of 0.167%, while driving the 2-wing 3 truck under the influence of alcohol, and driving the 2-wing 3 truck with the 0.167% off the 1-pon distance from the eculpary of the Daejeon Pungdong, the Defendant caused the Defendant to suffer injury, such as fluoral salt, which requires treatment for about two weeks in front of the Defendant’s driver’s freight, due to the negligence that did not properly examine the front side of the 3-pon-pon-pon vehicle in the front side of the Defendant’s driver’s freight.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Statement to C by the police;

1. On-site traffic report, traffic accident care center, photograph, drinking driving report, statement on the state of drinking drivers, report on the state of drinking drivers, and inquiry into the results of the crackdown on drinking driving;

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

1. Relevant legal provisions concerning criminal facts, Article 3 (1), the proviso to Article 3 (2) 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, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [referring to the concurrent crimes resulting from the violation of the Act on Special Cases concerning the Handling of Traffic Accidents, which has heavier punishment];

1. Articles 70 (1) 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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