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(영문) 대구지방법원 2014.04.25 2014고정396

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

1. On March 27, 2009, the Defendant violated the Road Traffic Act ( sound driving) issued a summary order of KRW 1,500,000 by the Daegu District Court on the charges of violating the Road Traffic Act, etc., and on December 20, 201, the same court issued a summary order of KRW 2,50,000 by receiving a fine of KRW 2,50,000 from each of the summary orders on the charges of violating the Road Traffic Act.

On August 2, 2013, the Defendant, while under the influence of alcohol at 0.159% of blood alcohol concentration on August 2, 2013, driven C Poter Cargo Vehicles within a radius of about six kilometers from the front to the front road of the Heungi Elementary School located in the influence side of the same time at the same time.

2. The Defendant under the Act on Special Cases Concerning the Settlement of Traffic Accidents operated the said cargo vehicle with two lanes along the two-lanes of the three-lane road between the date, time, and place as referred to in paragraph 1 above.

When a driver of any motor vehicle follows another motor vehicle traveling in the same direction, he/she has a duty of care to secure a distance necessary to avoid any collision with the motor vehicle traveling ahead of it when the latter stops suddenly.

그럼에도 피고인은 그 필요한 거리를 확보하지 않고 운행한 과실로 전방에 신호대기중인 피해자 D(26세)운전의 E 스포티지 승용차의 뒷 범퍼 부분을 피고인 운전의 위 화물차 앞 범퍼 부분으로 추돌하고, 그 충격으로 위 승용차가 전방으로 튕기면서 피해자 F(여, 56세)운전의 G SM3 승용차를 추돌하였다.

As a result, the victim D suffered injuries such as catum dump, which requires approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of damage from D and F;

1. A traffic accident report, a actual condition survey report, on-site photographs, and a diagnosis report;

1. A report on detection of a host driver and a report on the circumstantial statement of a host driver;

1. Application of Acts and subordinate statutes to criminal records and investigation reports (a copy of a summary order, etc.);

1. Relevant Article of the Act and the Road Traffic Act concerning the crime;