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Reasons
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(영문) 대전지방법원 서산지원 2015.11.12 2015고정240
교통사고처리특례법위반등
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Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving a car with B test.

On May 3, 2015, at around 17:40, the Defendant driven the said car while under the influence of alcohol of 0.158%, and led the Defendant to drive the said car at the speed of 0.158%, one way ahead of the Dunified Station C at the time of Jin-si, along the opposite direction from the stern to the opposite direction.

At that time, the Defendant had a duty of care to prevent accidents in advance, such as securing a safe distance to avoid a stop or a speed reduction, inasmuch as the Defendant was followed by a F-dolurd passenger vehicle driven by the victim E (71 years old) prior to the same direction, and thus, the Defendant had a duty of care to prevent accidents in advance.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving a motor vehicle close to the above A-Wurt-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-W

Ultimately, the Defendant suffered injury to the victim, such as the need to give approximately two weeks of medical treatment due to occupational negligence as above.

2. Around 17:40 on May 3, 2015, the Defendant driven a B the vehicle under the influence of alcohol with a blood alcohol concentration of 0.158% from a section of about 10km from the front of the D Jeong-si Museum at the time of Jin-si to the front road of the D Jong-si located in D Jeong-si at the time of Jin-si.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A fact-finding survey report and a report on detection of each host driver;

1. A written appraisal of blood alcohol;

1. On-site photographs;

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

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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