beta
(영문) 대구지방법원 서부지원 2019.01.10 2018고정534

교통사고처리특례법위반(치상)등

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

1. The defendant is a person who is engaged in driving service of a vehicle B with low-priced vehicle.

On May 27, 2018, the Defendant driven the said car on May 27, 2018, while driving it at a speed that would make it impossible to identify one lane from the D's front side of the Daegu-gu, Seogu, would drive the said car at a speed that would make it impossible to identify one lane along the D's front side.

In such cases, a person engaged in driving service has a duty of care to prevent accidents by accurately manipulating the steering direction and brakes and accurately.

Nevertheless, the Defendant neglected this and went into a state of drinking alcohol content of 0.204%, and was faced with the fworkama part of the back-of-hand part of the passenger vehicle E, which was on board by the victim E, and suffered a plekele of a chest string wall that requires approximately two weeks of treatment.

2. On May 27, 2018, the Defendant driven a vehicle with the highest alcohol level of about 0.204% under the influence of alcohol at a section of about 100 meters from the front of “H” located in Daegu-gu G to the front of C, Seogu, Daegu-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Part of the police statement of E (including photographs and diagnosis notes attached thereto);

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Application of Acts and subordinate statutes to notification of the results of the influence of drinking driving, such as a report on the state of state of drinking drivers, investigation reports (report on the circumstances of drinking drivers);

1. Relevant legal provisions concerning criminal facts, Article 3 (1), the proviso of Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, and the selection of fines;

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

1. The defendant under Articles 53 and 55(1)6 of the Criminal Code for discretionary mitigation recognizes his/her mistake and reflects his/her depth in the future.