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Reasons
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(영문) 청주지방법원 2016.12.23 2015고정1025
교통사고처리특례법위반등
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Defendant shall be punished by a fine of four million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

On November 12, 2013, while the Defendant was under the influence of alcohol of 0.10% on blood alcohol concentration at around 11:35 minutes, the Defendant driven the B Costa 6-line cargo vehicle and proceeded to the Cheongju-ju from the domestic side of an empty road located in the original ebbbbbro of an Eup in the territorial waters of the Chungcheongnam-gun, Chungcheongnam-gun, the Defendant, while driving the Cheongju-gun 6-line cargo vehicle, was on the front part of the Defendant’s driver’s vehicle, who was under the influence of the signal stop due to occupational negligence, and did not look well at the right and the right and the right of the vehicle.

The Defendant, by negligence in the course of performing the above duties, suffered from the victim E (V, 27 years of age) the scopical base that requires approximately two weeks of treatment, and from the same victim F (V, 3 years of age) the scopic base that requires approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. C’s statement;

1. Application of Acts and subordinate statutes, such as a written initial action at the site of a traffic accident, a practical survey report, a photo at the site of an accident, a written diagnosis, a written estimate, a notification of the results of the drinking driving control, a report on the state statement of a drinking driver,

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

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

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. It is so decided as per Disposition on the grounds of Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

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