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(영문) 대구지방법원 2013.12.12 2013고단5878

교통사고처리특례법위반등

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

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

Reasons

Punishment of the crime

1. Around 08:10 on September 12, 2013, the Defendant driven a balp vehicle with a blood alcohol concentration of about 0.179% in the section of about 10km from the 300-6 west-do, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do to the lower grade of the same military at approximately 10km to the lower grade of the same military field.

2. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is the person who is engaged in driving on the said van.

On September 12, 2013, at around 08:10, the Defendant driven the said van while under the influence of alcohol, and led to the flow of the lower-level road in the lower-level lower-level of the Cheongdo-gun, Cheongdo-gun, in accordance with the one-lane from the Cheongdo-Eup bank to the lower-level bank.

At the time, the surface was cut down due to the malfunction of the road at the time, and the road is be be bended to the right, and the construction of a bridge was in operation of the replacement of the bridge at the time, so a person engaged in driving service has a duty of care to reduce the speed and to properly operate the steering direction and brakes, and to prevent the accident in advance by operating the steering direction and brakes accurately.

그럼에도 불구하고 피고인은 술에 취하여 이를 게을리 한 채 속도를 줄이지 않고 그대로 운행한 과실로 빗길에 미끄러지면서 진행방향 왼쪽에 있는 가드레일을 충돌한 후 다시 튕기면서 피고인의 차량 앞 범퍼로 반대차로에서 작업 중이던 피해자 C(57세)을 들이받았다.

Ultimately, the Defendant suffered injury to the victim, such as chest 6, 7, 8, and 9, which require approximately eight weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A traffic accident report, a traffic accident report (1) (2) and a traffic accident report (2) actual condition survey report;

1. On-site photographs;

1. A written appraisal of blood alcohol and a report on detection of a drinking driver (investigative records No. 37 pages);

1. A medical certificate;

1. At the time of an accident for investigation reports;