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(영문) 대전지방법원 천안지원 2015.12.23 2015고정1040
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

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 engaging in driving rocketing cargo vehicles.

On September 14, 2015, at around 16:49, the Defendant driven the above cargo while under the influence of alcohol of 0.142% of the blood alcohol concentration, and proceeded in the direction of the museum distance on the side of the Scco apartment, depending on the two-lanes of three-lane roads immediately preceding the 3-lane distance of the Socco Apartment Museum in the Scco apartment at Asan City.

However, a driver has a duty of care to safely operate by accurately manipulating, steering, and operating the steering system.

Nevertheless, the Defendant neglected this and led the victim D(the age of 43) who is waiting for a signal at the bend of the bend and standing the vehicle, which was driven by the victim D(the age of 43) due to negligence in driving the vehicle, and received the part of the front part of the said cargo vehicle.

After all, the Defendant suffered injury to the victim F (the age of 46) who was on board the said D and the said car due to the above occupational negligence, such as catitiss requiring treatment for about two weeks.

2. The Defendant violated the Road Traffic Act (driving) driving the said cargo vehicle under the influence of alcohol by 0.142% at the section of about 8 km from the calculation rate of the sound rod in Asia-si to the place under the above paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared by D;

1. Statement of the actual survey report;

1. Descriptions of a medical certificate;

1. Application of statutes on images of on-site photographs;

1. Article 3 (1), the proviso of Article 3 (2) and Article 3 (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 (the point of driving while driving a motor vehicle);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes ( mutually among the violations of the Act on Special Cases concerning the Settlement of Traffic Accidents);

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;

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