beta
(영문) 대구지방법원 2015.12.18 2015고정2687

교통사고처리특례법위반등

Text

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

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

Reasons

Punishment of the crime

1. On October 13, 2015, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents, while under the influence of alcohol of 0.170% of blood alcohol concentration at around 21:10, the Defendant operated B M& car volume by one-lane at the seat of the Daegu World Cup Stand apartment located at Samsung-ro, Nam-si, Nam-si, Gyeongsan-si.

In such cases, a driver has a duty of care to prevent accidents in advance by accurately operating the steering system and steering gear.

Nevertheless, the Defendant was negligent in proceeding with neglecting this, and the part of the victim C(38 years of age) of the victim C (38 years of age) who was in the atmosphere of the signal in front of the running direction of the above vehicle of the Defendant at the time when he was faced with the front part of the above vehicle.

As a result, the Defendant suffered injury to the victim through occupational negligence, which requires approximately three weeks of treatment.

2. Around October 21, 2015, the Defendant, while under the influence of alcohol from blood alcohol concentration of 0.170% on October 21, 2015, driven B Maz car driving at the 4km section from the mar apartment located adjacent to the mar apartment located adjacent to the mar apartment located adjacent to the mar apartment located adjacent to the mar apartment in the marsan-si, Busan Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A written diagnosis for C;

1. Requests for appraisal;

1. Application of Acts and subordinate statutes to reports on the occurrence of traffic accidents, actual condition survey reports, reports on the timely launch of drivers, and photographs of damaged vehicles;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents by the Selection of Punishment, Article 268 of the Criminal Act, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and the choice of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;