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(영문) 대전지방법원 2017.11.07 2017고단3235
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. The Defendant violating the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in driving a B-cruise vehicle.

On July 21, 2017, the Defendant, at around 22:50, proceeded to a two-laned road of 503 Home Plus in front of the Home Plus, from the east of the Do, at the end of the three-lanes of the government office building, at the end of the Gu office building.

At the time, it is night and its location is an intersection where signal lights are installed, so a person engaged in driving a motor vehicle has a duty of care to see the front door well and to prevent accidents by driving the motor vehicle safely in accordance with the new code.

Nevertheless, the Defendant, while under the influence of alcohol level 0.203% in blood, received the front part of the victim C(53 years old) driver's driving in front of the left side of the Defendant's driving vehicle, who was in normal driving in accordance with green signals, from the surface of the maas Park Park, due to a sudden negligence in violation of this, even though the signal, etc. of the front bank was a red signal, and was in normal driving in accordance with green signals.

Ultimately, the Defendant suffered injury to the victim, such as a scarke, which requires approximately four weeks of treatment due to such occupational negligence.

2. Violation of the Road Traffic Act (drinking driving) Defendant 1 driven B-crack drive a two-lane road of approximately 500 meters of alcohol level in blood at the 503 Home Packers, which was sent at the time of the day specified in the above paragraph 1, from the east of the Do to the west of the government-type office building, to the point of the accident from the west of the Gu-type office building, while under the influence of alcohol level of 0.203%.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol with regard to C by the police;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. A survey report on actual conditions;

1. Medical certificate (C);

1. Application of the CD-related Acts and subordinate statutes

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 3(2)1 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act (the value of occupational negligence).

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