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(영문) 청주지방법원 영동지원 2017.12.07 2017고정32
교통사고처리특례법위반(치상)등
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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

1. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) was a person who drives a bicycle of CCA10 V engine devices, and the Defendant, around June 7, 2017, crossings near the intersection of the private distance in front of the E cafeteria located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, to the speed of about 10km in speed at the speed of about 10km in speed from the cafeteria of the above restaurant to the cafeteria.

At that time, the signal, etc. is installed, and the signal, etc. is not operated at that time, so the person engaged in driving service has a duty of care to confirm and drive the vehicle without any vehicle driving by checking well the right and the right and the right.

Nevertheless, in a situation where it is difficult to drive normally due to the influence of drinking, due to the negligence of crossing the crosswalk as it is, the victim F (60 tax ,00) who was left left at the right side in accordance with the new subparagraph at the later side of the road, and the front right side of the Defendant's vehicle, which is the front right side of the driver's vehicle.

Defendant 1 suffered injury to the victim, such as “satise satum satums and tensions,” which requires approximately three weeks of medical treatment due to such occupational negligence.

2. Defendant 1 driven a bicycle under the influence of alcohol level of 0.105% in blood at the same time and at the same place as stated in the above 1. Paragraph.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A traffic accident report and a description of photograph;

1. Notification of the results of crackdown on drinking;

1. The CD;

1. Application of Acts and subordinate statutes (F);

1. Relevant Article 3(1) and the proviso to Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents by 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 for each crime;

2. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act, which increases concurrent crimes;

3. Articles 70(1) and 69(2) of the Criminal Act to attract a workhouse.

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