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(영문) 대구지방법원 2013.11.14 2013고정2420

교통사고처리특례법위반등

Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

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 a 124 cc-wheeled vehicle.

On June 19, 2013, at around 03:15, the Defendant driven the said two-wheeled vehicle with a alcohol concentration of 0.115%, and led the Defendant to drive the said two-wheeled vehicle in the direction of the hydrolog in the direction of the hydrolog distance from the direction of the hydrolog distance.

It is an intersection and crosswalk in which traffic signals, etc. are installed, so the person engaged in driving service has a duty of care to safely drive according to the signals.

Nevertheless, the defendant neglected this and, while under the influence of alcohol, caused the negligence of entering the crosswalk on the right side of the defendant's moving the crosswalk to the right side of the road, and the bridge, etc. of the victim B (the age of 31) who dried the crosswalk in accordance with the new subparagraph was shocked by the front side of the two wheeled

The Defendant suffered injury to the victim by negligence in the course of performing the above duties, such as 10 weeks of medical treatment, which requires approximately ten weeks of medical treatment.

2. The Defendant violated the Road Traffic Act (driving) at the same time, while under the influence of alcohol by 0.115% during blood, driven a 124 cc-wheeled vehicle without a number plate from the front of a cafeteria located in the Daegu Pung-gu Mo-dong to the front road of the convenience store located in the same lug-dong 4-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. The actual condition survey report;

1. A report on detection of a host driver;

1. The circumstantial statement of the employee;

1. A copy of a medical certificate;

1. Application of Acts and subordinate statutes, such as photographs of accident sites;

1. Article 3 (1), (2) (proviso) 6 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act concerning criminal facts, Article 268 of the Criminal Act,