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(영문) 대구지방법원 2018.01.11 2017고단5027

교통사고처리특례법위반(치상)등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On August 8, 2017, the Defendant was under the influence of alcohol by 0.175% from the 2km section from the Do in front of the large salary class school in Daegu-gu Jung-gu to the front road in Daegu-gu Seoul-gu, Daegu-gu, the Defendant driven D rocketing or other car under the influence of alcohol by 0.175% from the 2km section to the Do in front of Daegu-gu Seoul-gu.

2. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a Drocketing car.

On August 8, 2017, the Defendant driven the said car while under the influence of alcohol and continued to drive the three-lane road in front of Daegu-gu C in accordance with three-lanes from the four-lane distance towards the desired intersection.

At the time of night, there was a duty of care to prevent accidents by thoroughly manipulating the steering direction and operation system and by accurately manipulating the steering direction and operation system.

Nevertheless, the Defendant neglected this and found the victim E (62) who was driving a bicycle according to the edge of the road due to negligence while under the influence of alcohol, and received the same part of the victim E (62) in front of the right edge of the said rocketing car.

Ultimately, the Defendant suffered injury, such as a cage of cage cage cage cages, which requires approximately six weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A medical certificate;

1. A statement on the circumstances of the driver at the main place of business and a survey report on actual conditions;

1. Application of the Acts and subordinate statutes on video recording and video CDs;

1. Relevant Article of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Articles 148-2(2)2 and 44(1) (the point of drinking alcohol) of the Road Act, Article 3(1) and the proviso of Article 3(2)8 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of fines for each crime (the following favorable circumstances among the reasons for sentencing);

1. Article 37 (former part of Article 37, Article 38 (1) 2 and Article 50 (Concurrent Punishment) of the Criminal Act shall be more severe.