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(영문) 대구지방법원 2014.03.28 2014고정215

교통사고처리특례법위반등

Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving service of BCA10.

At around 17:50 on November 14, 2013, the Defendant, while under the influence of alcohol with 0.104% of blood alcohol concentration, driven the above Oralb, and led the Madi-type and the front of the road in the repair of the Cheong-do, Cheong-do, Cheong-do, Cheong-do, Cheongdo, to proceed along the two-lane distance from the Cheongdo-gun, Cheongdo-do-si.

Since there is a place where pedestrians are expected to cross the commercial buildings, housing, etc. around, in such a case, a person engaged in driving service has a duty of care to check the safety of the course and drive safely by reducing the speed and keeping the front left well.

Nevertheless, under the influence of alcohol, the defendant was negligent in driving so that the defendant was driving on the right side from the left side of the running direction of the defendant, such as the victim C (the age of 17) who crosses the area to the right side, and went beyond the road.

Ultimately, the Defendant suffered approximately six weeks from the above occupational negligence to the victim with blood transfusions in need of medical treatment.

2. Violation of the Road Traffic Act (driving) was driven by the Defendant, at the above date and at the above place, at the front of the Cheongdo Cheongdo Cheongdo Cheongdo Cheongdo Cheongdo Cheongdo Cheongdo Cheongdo Do Do, on the road in front of the Cheongdo Do Cheongdo Cheongdo Cheongdo Cheongdo Cheongdo Do Do Do

Summary of Evidence

1. Defendant's legal statement;

1. C's statement on the occurrence of traffic accidents;

1. The actual condition survey report;

1. A medical certificate;

1. Application of Acts and subordinate statutes to a report on detection of a host driver;

1. Relevant provisions of Article 3 (1), proviso of Article 3 (2) 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, the selection of a fine for negligence;

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

1. Detention at a workhouse;