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(영문) 대구지방법원 김천지원 2017.06.29 2017고단44

교통사고처리특례법위반(치상)등

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a CF rocketing car.

On December 8, 2016, the Defendant, while under the influence of alcohol content of 0.154% from blood transfusion around 22:50 on December 8, 2016, had 1688 (Secheon-si) and 1688 (Seongdong-dong-dong-dong-dong-dong-dong-dong-dong-side-side-side-side-side-side-side-side-side-side-side-side-side-side-side-side-side-side-side-side-side-side

At the time, the passage of the vehicle is frequent because it was located near the private street intersection, so there was a duty of care to safely operate the vehicle by accurately manipulating the front and rear side and the steering system to the person engaged in driving the vehicle.

Nevertheless, under the influence of alcohol, the Defendant, by negligence while neglecting his duty of care, led the victim D(51) Hastna taxi that was parked in the signal atmosphere from the front side of the Defendant’s passenger vehicle, and led the victim D(51) Hastna taxi to the rear part of the Estyna taxi due to the shock, led the Defendant to have the front part of the F(46 years old), which was parked in front of the taxi, followed the vehicle behind the passenger vehicle in front of the taxi.

Ultimately, the Defendant suffered from the injury of the victim H (V, 26 years old), who is a victim D and taxi passenger, by the foregoing negligence, for approximately two weeks of care.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D and F;

1. Statement of the circumstances of driving at drinking, and inquiry of the results of regulating drinking driving;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes for report on internal investigation (as to attachment of a medical certificate);

1. Article 3 (1), the proviso to Article 3 (2) 1, and 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 facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.