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(영문) 대구지방법원 포항지원 2018.06.08 2018고정79

교통사고처리특례법위반(치상)등

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Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a vehicle with C low Pest another car.

A. On October 26, 2017, the Defendant driven the said vehicle under the influence of alcohol content of 0.083% in blood around 23:00, while driving the said vehicle, and driven the three-lane road in front of the summary distance in the North-gu Seoul metropolitan area at the port of port along one lane towards the port of port from the Young-gu side.

In such cases, a person engaged in driving service has a duty of care to prevent accidents by accurately operating the steering direction and brakes well and by maintaining the safety distance.

Nevertheless, under the influence of alcohol, the Defendant was negligent in neglecting this, and the part of the lower part of the left-hand panion of the lurged vehicle of the victim D's e, which was changing from two lanes to one lane in the same direction, was received as the upper part before the right-hand panion of the vehicle.

Ultimately, the Defendant suffered injury to the victim, such as a 6 cage cage cage cages at the left-hand side, which requires approximately four weeks of medical treatment due to such occupational negligence.

B. While under the influence of alcohol content of 0.083% during the above temporary border, Defendant 1 driven the said car at a approximately 40km section of the road front of the Posi-gu White-gu Posi in North Korea on the roads in front of the Posi-gu Posi in North Korea, Posi-si, North Korea, and then drive the said car at a approximately 40km section in front of the Posi-gu, North Korea.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Each written statement of D;

1. A report on the occurrence of a traffic accident, an accident scene photograph, a actual condition survey report, and on-site photograph;

1. A medical certificate;

1. The defendant and his defense counsel asked about the circumstantial statement report of the driver at driving and the results of crackdown on drinking driving [the accident of this case occurred by the victim's negligence, and the defendant's drinking driving is not related to the occurrence of the accident, so the defendant's violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against the defendant is not guilty

The main cause of the instant accident is that the victim's negligence changed the lane from the two lanes urgently to the one lane.