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(영문) 대구지방법원 2012.12.26 2012고합1217

교통사고처리특례법위반등

Text

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

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

Reasons

Punishment of the crime

On September 9, 2012, at around 04:59, the Defendant was a person engaged in driving a C-crin vehicle. On September 9, 2012, the Defendant driven the said vehicle while under the influence of alcohol concentration of 0.218%, and transferred it to the front side of the old Saemaul Depository located in the Daegu-gu Daegu-gu Daegu-dong, by means of the 9-dong office room. In such a case, the Defendant was under the duty of care to take the front side and the left side of the vehicle and to accurately operate the steering and steering gear, despite the fact that the Defendant was negligent in driving the vehicle due to the negligence of the Defendant, the Defendant was under the duty of care to take the cash exit of the old Saemaul Depository at the right side of the said vehicle.

Ultimately, the Defendant caused by the above occupational negligence to the victims D (V, 23 years old) who were on board the Defendant’s car, the injury to the left-hand side and the right-hand side in need of treatment for about 2 weeks, the injury to the victim E (V, 23 years old), the injury to the two openings requiring approximately 2 weeks of treatment to the victim F (V, 26 years old), and the injury to the victim G (V, 24 years old) about 3 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, E, F, and G;

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

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. 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, Article 268 of the Criminal Act, Article 148-2 (2) 1, and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense (a point of driving while driving a motor vehicle);

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (the punishment stipulated in the Act on Special Cases concerning the Settlement of Traffic Accidents between Violations of the Special Cases concerning the Settlement of Traffic Accidents and the punishment stipulated in the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims D with the largest criminal situation)