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(영문) 대구지방법원 2016.06.02 2016고단1057

교통사고처리특례법위반등

Text

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

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

Reasons

Punishment of the crime

[criminal history] On January 9, 2008, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving) at the Daegu District Court on the same day. On September 22, 2011, the Defendant was sentenced to a fine of KRW 2 million for the same crime in the same court on the same day, and was in violation of Article 44(1) of the Road Traffic Act on at least two occasions.

[Criminal facts]

1. On January 28, 2016, the Defendant: (a) driven a fE-sports car under the influence of alcohol leveling 0.13% from the 10km section from the front of the stop place in Daegu-gu, Daegu-gu to the front day of the oil station in the Dong-gu, Dong-gu, Seoul-gu, to the road in front of the oil station in the same Si/Gun/Gu.

2. The Defendant violating the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in driving a FE-sports car.

On January 28, 2016, at around 05:15, the Defendant driven the said car while under the influence of alcohol, and led to the flow from the intersection to the lower side of the ditch along the three-lane road in front of the oil station in Daegu-gu, Daegu-gu.

In front of the defendant's running direction at the time, the passenger G(51) and the J Poter's freight driven by the victim I(54) are waiting for a signal signal according to the stop signals, so in such a case, the driver has a duty of care to secure and proceed with the safety distance with the vehicle ahead.

Nevertheless, under the influence of alcohol, the Defendant shocked the Defendant’s large-sum vehicle in front of the Defendant’s vehicle, which was driven by the Victim G, with the vehicle driven by the Defendant’s large-sum driver in front of the vehicle, and caused the Defendant to shock the part behind the vehicle driven by the Victim I, which was driven by the victim I while driving in front of the vehicle.

Accordingly, the Defendant caused the injury to the victim G by occupational negligence, such as the two throughout the two week medical treatment, and the victim who was accompanied by the victim I and the above cargo vehicle.