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(영문) 대전지방법원 천안지원 2014.12.18 2014고정1095
교통사고처리특례법위반등
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

At around 21:30 on September 19, 2014, the Defendant driven a B-to-pp-water vehicle with a alcohol level of 0.107% on blood alcohol level, and 0.10% on the YY 910 South-west-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu. In such a case, the Defendant was negligent in performing the duty of care to report the traffic situation before and after the driving of the vehicle, and to prevent the accident by driving the vehicle safely and safely, and thereby, took care of the victim C (33 years old)'s driving (33 years old)'s driving while she was fright back to the left-hand part of the vehicle after the Defendant her driving vehicle, and sustained the victim E (the victim) who was the victim of the vehicle who caused the damage with each injury, such as the number of days in need of treatment, etc.

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 fact-finding survey report, a report on detection of a drinking driver, the ledger of use of a drinking measuring instrument, field photographs, and medical certificate;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes ( mutually violating the Act on Special Cases concerning the Settlement of Traffic Accidents at Time of Sales: Punishment provided for in the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims C with heavier punishment, but selection of fines);

1. From among concurrent crimes, the punishment for concurrent crimes shall be aggravated within the scope of the sum of the maximum amount of the crimes stipulated in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (limited to the aggravated punishment within the scope of the crimes of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents with heavy punishment, but the lowest sentence shall be determined

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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