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(영문) 대전지방법원 2016.09.09 2016고정677
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of K5 si.

On March 19, 2016, the Defendant driven the said taxi under the influence of alcohol content of 0.142% during blood transfusions on March 19, 2016, while driving the said taxi, and proceeding at the speed of about 20 km from the right middle school of the Han Bank, Seo-gu, Daejeon, to the Seo-gu fire department at the speed of about 50km.

Since there is an intersection where signal lights are installed, there was a duty of care to prevent accidents in advance by driving safely according to traffic signals to those engaged in driving service.

In such a situation, the Defendant neglected his/her care and went to the port from the right side of the Defendant in accordance with the Madar signals when he/she went to the right side of the Defendant due to negligence by entering the right side of the red signal.

C was shocked by the front part of the taxi that the defendant is driving.

In conclusion, the Defendant, by negligence in the above occupational negligence, suffered injury to the victim E (V, 56 years old), such as dump, tensions, etc. of the bones of wood, which requires approximately two weeks of treatment, and the victim F (V, 52 years old) suffered injury, such as cump and fumping, which requires approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E and F (the occurrence of traffic accidents);

1. A survey report on actual condition, a statement on the circumstances of the driver at home, a statement on alcohol during blood, a report on the detection of the driver at home, and a report on the results of investigation;

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

1. Article 3 (1), the proviso to Article 3 (2) 1 and 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 the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each alternative fine for punishment;

1. The punishment provided for in the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Criminal Act (the penalty provided for in the Act on Special Cases Concerning the Settlement of Traffic Accidents, which has no heavier punishment).

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