beta
(영문) 대구지방법원 김천지원 2014.10.23 2014고단890

교통사고처리특례법위반등

Text

Defendant shall be punished by a fine not exceeding seven million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

On July 26, 2011, the Defendant was sentenced to a fine of 2.5 million won for the crime of violating the Road Traffic Act in the Daegu District Court Kimcheon-do branch on July 26, 201, and was sentenced to a suspended sentence of 2 years for the same offense in the same court on February 26, 2014.

The Defendant also is a person who is engaged in driving of a cargo vehicle.

On June 1, 2014, the Defendant driven the said vehicle under the influence of alcohol of not less than 0.05% without obtaining a driver’s license on June 22, 2014, and proceeded with the road front of the Agricultural Cooperative Federation in Kimcheon-si, Kimcheon-si with yellow-do from Kimcheon-si.

In such cases, there was a duty of care to ensure that a person engaged in driving of a motor vehicle has a duty of care to ensure the safety of the course and safely drive the motor vehicle by properly examining the post-on

Nevertheless, under the influence of alcohol, the Defendant was driven by the Defendant’s negligence while neglecting this, while driving the signal at the front of the Defendant, and received the rear part of the E rocketing taxi in front of the Defendant’s vehicle.

Ultimately, the Defendant suffered injury to the victim F (the 44 years of age) who was the passenger of the said taxi due to the foregoing occupational negligence, such as salt, tension, etc. in need of approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A traffic accident report, a report on the occurrence of a traffic accident, a report on the actual condition of a driver, a survey report, a photograph, a driver's license register, and an investigation report (specific for blood alcohol concentration);

1. A medical certificate;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports and investigation reports (a report on confirmation of the same criminal records);

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Article 3 (1), Article 3 (2) (proviso) 7 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1.Article 40 of the Criminal Code of Trade and Trade.