beta
(영문) 대구지방법원포항지원 2020.08.26 2020고정114

교통사고처리특례법위반(치상)등

Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Criminal facts

1. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving of the B Pod Rop No.

On November 16, 2019, the Defendant moved bypassing a road of 1801, 1801, the Seocho-gu, the Northern-gu, the Northern-gu, the Northern-si, the Northern-si, the area of which was located, from C to the erostic area.

In such cases, a person engaged in driving of a motor vehicle shall not drive the motor vehicle while under the influence of alcohol, and has a duty of care to prevent accidents in advance by safely driving the motor vehicle, such as reporting the traffic situation well, accurately manipulating the steering direction, brakes, etc.

Nevertheless, while the defendant is negligent in doing so, the defendant did not look at the victim D (at the age of 58) who was going to turn to the left on a bicycle at the chill in the Seocho-ro area and did not conflict with the front part of the vehicle.

Ultimately, the Defendant suffered injury to the victim, such as a ductating the upper right, which requires treatment for about 10 weeks, due to such negligence.

2. Violation of the Road Traffic Act (driving) driving a B e-ray vehicle while under the influence of alcohol 0.127% of alcohol concentration from F in the north-gu E at the time of the temporary border as provided in paragraph (1) to the place as provided in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. Report on the occurrence of a traffic accident, report on actual condition, report on the statement of the status of a driving driver, report on the control of drinking driving, and report on the results of the analysis of a traffic accident;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. The relevant law and the fact that the person injured by the option of punishment for the crime: Article 3 (1) and the proviso to Article 3 (2) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents; Article 268 of the Criminal Act; Article 148-2 (3) 2 and Article 44 (1) of the Road Traffic Act; Selection of fines;

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Article 50 of the Criminal Act shall apply mutatis mutandis to concurrent crimes that violate the Act on Special Cases concerning the Settlement of Traffic Accidents which has heavier penalty (the aggravated punishment shall be concurrent