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(영문) 대구지방법원 서부지원 2015.12.09 2015고정978

교통사고처리특례법위반등

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Defendant shall be punished by a fine of five million won.

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of a PPP car volume.

1. On September 23, 2015, the Defendant driven the said vehicle under the influence of alcohol with a blood alcohol content of 0.184% 0.184% at the section of approximately 8km in front of the entrance road of Jincheon-dong, Jincheon-gu, Daegu-gu, Daegu-gu, 2015 up to the front road of Jincheon-gu, Jincheon-dong, 3rd.

2. The Defendant driven the above vehicle at the same temporary border and led the front road of the exit-gu No. 3, Jincheon-dong, Seocheon-gu, Daegu to four-lanes from the Jincheon-gu to the merchant four-lane.

In such cases, the driver of the vehicle has a duty of care to live well with the front left and to accurately operate the steering and brake system.

Nevertheless, under the influence of alcohol, the Defendant: (a) concealed the backer of the vehicle of Category 1 ton of C driving, which was driven by negligence while neglecting such duty of care; (b) went about about 5 meters to the flow of U.S.; (c) collisioned the part concerning the backer of the E-driving Fri-Ba-si, which is proceeding on the part of the merchant four-distance distance from U.S. bank; (d) collisioned the front part of the U.S. vehicle with the front part of the Defendant.

In this respect, the defendant suffered from the injury of sacrat and sacratal sae in need of approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. E statements;

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

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. On-site photographs of the accident vehicle, on-site photographs, and site photographs;

1. A medical certificate;

1. Application of the written estimate statutes;

1. Relevant Article of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of sound driving), Article 3 (1) and the proviso of Article 3 (2) 8 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of fines for each crime;

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