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(영문) 대구지방법원 서부지원 2015.05.13 2015고정364

교통사고처리특례법위반등

Text

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

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a B large forest 125cc.

1. On February 16, 2015, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”), while under the influence of alcohol with a blood alcohol concentration of 0.078% on the roads of the North Korean Vene-gu Scatteringdong, Seo-gu, Daegu, the Defendant driven the above Oba while driving the Oba, which led to approximately 20km of the city-speed distance from the flat-distance outflow to the north UV distance.

In such a case, the defendant engaged in the Otoba driving has a duty of care to properly see the course transfer and the right and the right and the right and the right and the right and the right and the right and duty of care to accurately operate the steering gear

Nevertheless, the Defendant neglected this and caused the collision of the part of the victim C (the 51-year-old driver) driver's Doppppack vehicle, who was in the signal atmosphere at the bend of the bend of the bend, with the front part of the bend part.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of approximately two weeks of treatment due to occupational negligence.

2. Around 00:35 on February 16, 2015, the Defendant driven the lebane while under the influence of alcohol content of 0.078% at a section of approximately 500 meters from a 500-meter radius from an insular road (hereinafter referred to as the “insular road”) to the northnbane located in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A traffic accident occurrence report, a traffic accident actual condition investigation report, and a report on the actual status of the driver concerned;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

1. Relevant legal provisions concerning criminal facts, 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 According to the Selection of Punishment, Article 268 of the Criminal Act, Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act, and the selection of fines;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The Criminal Procedure Act;