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(영문) 대구지방법원 김천지원 2016.03.23 2016고정29

교통사고처리특례법위반등

Text

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

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 BM3 car.

1. On November 16, 2015, the Defendant: (a) driven the said vehicle under the influence of alcohol content of 0.144% in front of the D cafeteria located in Gumi-si, Gumi-si; (b) driven the said vehicle on the front of the D cafeteria; (c) driven the vehicle from the shooting distance of a broadcasting station to the surface of terminal shooting distance; (d) in such a case, the Defendant was under the influence of driving the vehicle at the front of the D cafeteria; and (c) was at the front of the direction of the course, the Defendant was obliged to have a duty of care to check and drive the course by checking the front door and the left and right of the vehicle.

Nevertheless, the Defendant was negligent in drinking, neglecting to do so while driving the vehicle as it was, and thereby, was sentenced to the next 1st to the above K5 driver.

Defendant 2 suffered injury to the victim, such as salt, tension, etc. in need of two weeks of treatment due to such occupational negligence.

2. The Defendant driven the said car under the influence of alcohol concentration of about 800 percent in the section of approximately 800 meters from the roads in front of the new market in the old Sinsi-si to the D cafeteria in the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Reporting on the occurrence of a traffic accident, reporting on the situation of a driver driving, and inquiring about the results of regulating drinking;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3(1) and the proviso to Article 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the selection of a fine and the point of occupational injury), Article 148-2 subparag. 2 and Article 44(1) of the Road Traffic Act (the point of drinking and the selection of a fine) concerning criminal facts;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act of the order of provisional payment conflicts with the vehicle in which the defendant is driving while driving the vehicle.