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(영문) 대구지방법원 2017.12.21 2017고단4656

교통사고처리특례법위반(치상)등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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 Bchip car.

On August 11, 2017, the Defendant driven the said car as his duties under the influence of alcohol content of 0.159% among blood transfusion 05:21 on August 11, 2017, and turned the said car into two-lanes in the direction of the head office of Daegu Bank in the direction of the middle Ne-dong Ne-distance.

Since there was a pre-paid vehicle at the time, the person engaged in driving service had a duty of care to safely operate the pre-paid vehicle by accurately manipulating the steering gear and steering gear.

Nevertheless, due to the negligence of neglecting this, it was found that the victim C(56) driver's vehicle prior to the driving direction of Defendant C(56) driver's vehicle was waiting for the signal signal, and the part of Defendant's driver's vehicle was left behind the right side of the victim's vehicle due to the front side of Defendant's driver's vehicle.

Ultimately, the Defendant suffered from the victim’s salt, tensions, etc. of the bones of necks requiring approximately two weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A medical certificate;

1. Application of Acts and subordinate statutes to inquiries into actual condition survey reports, field photographs, statement reports on the circumstances of drivers of drinking, and the results of crackdown on drinking driving;

1. Relevant Article 3(1) and the proviso to Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents by the Selection of Punishment, Article 268 of the Criminal Act, Articles 148-2(2)2 and 44(1) of the Road Traffic Act, and the selection of fines for each crime;

1. Aggravation of concurrent crimes for the crimes provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the punishment shall be aggravated within the scope of the sum of the maximum amounts of the above two crimes) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the punishment of which is heavier than that of the said two crimes;

1. The Criminal Act to attract a workhouse;