beta
(영문) 대구지방법원 2015.08.27 2015고단2604

교통사고처리특례법위반등

Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

On March 29, 2007, the Defendant was issued a summary order of KRW 3.5 million by the Daegu District Court due to a fine of KRW 4 million due to a violation of the Road Traffic Act (driving) and a fine of KRW 1,500,000 by the same court on July 17, 2009.

The Defendant is a person engaging in driving vehicles BM3.

On April 21, 2015, the Defendant driven the above vehicle while under the influence of 0.105 percent of alcohol concentration in blood, around 23:00, while driving the vehicle, and driving the vehicle in the direction of the four-lane distance in the direction of the foreign exchange bank in the direction of salary in accordance with two-lanes near the four-lane of the foreign exchange bank in the direction of Sinsan-si in the direction of Sinsan-si, and changed the lane into one-lane.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to live well on the front side and the left side, and to change a lane safely by accurately operating the steering and brakes.

Nevertheless, the Defendant neglected this and neglected to change the lane to another direction, and received the front part of the victim D(17 years old) driving in the same direction from the victim D(17 years old) with the left part of the above SM3 vehicle.

As a result, the Defendant suffered injury to the victim by negligence in the above business, such as cryp salt, which requires treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D;

1. A medical certificate;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

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

1. Reporting on internal affairs;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and proviso to Article 3 (2) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, Article 148-2 (1) 1 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act, and the selection of fines;

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

1. Article 70(1) of the Criminal Act for the detention of a workhouse.