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(영문) 대구지방법원 2016.03.25 2016고정200

교통사고처리특례법위반등

Text

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

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

Reasons

Punishment of the crime

1. On September 27, 2015, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents, as a person engaged in driving a BC car, driven the said car while under the influence of alcohol level of 0.131% from blood alcohol level of around 14:50 on September 27, 2015, and led the Defendant to drive the said car on the three-lane road in Daegu Suwon-gu C, one lane from among the three-lane roads to the registered place of business on the side of the Daegu-gu vertical distance.

In this case, a person engaged in driving service of a motor vehicle has a duty of care to take the front side and left side well and to accurately manipulate the steering gear and brakes so as to prevent accidents in advance.

Nevertheless, under the influence of alcohol, the Defendant received the front part of the Defendant’s vehicle in front of the Defendant E (61) of the Victim E (61) waiting for a signal signal at the bend of the marine.

Ultimately, the Defendant by occupational negligence inflicted injury on the said E, such as salt, tensions, etc. in need of a two-day medical treatment, and on the victim G (32 ) who was on board the damaged vehicle, the Defendant suffered from the injury of acute chills, tensions, etc. in need of a two-day medical treatment.

2. The Defendant, at the same time and place as set forth in the above paragraph 1, driven the cream car with the alcohol level of 0.131% under the influence of alcohol during blood at the same time and at the same place.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A report on the occurrence of a traffic accident and a statement of actual investigation;

1. Making a statement on the circumstances of the driver involved in driving, making a report on detection of the driver involved in driving, and making inquiries about the results of regulating drinking;

1. Application of Acts and subordinate statutes of each written diagnosis;

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

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

1. Punishment;