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(영문) 대구지방법원 2016.08.10 2016고정627

교통사고처리특례법위반등

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who drives a first car in C C.

1. On January 27, 2016, the Defendant’s violation of the Road Traffic Act (drinking driving) is driving four kilometers in the direction of the four kilometers in front of the Korean World Cup in Echeon-dong, Dong-dong, in the state of drinking alcohol content of 0.093% in the direction of the four-distance-distance-wide-wide-wide-wide-wide-wide-wide-wide-wide-wide-wide-wide-wide-wide-wide-wide-wide-wide-wide-wide-wide-wide-wide relationship

2. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”) is obliged to drive a motor vehicle as above and drive the motor vehicle in the direction of the four lanes in the direction of the Cheongdog in the direction of the Cheongdog-dong, Daegu-si. The Defendant has a duty of care to look at the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and duty of care to prevent accidents from occurring.

Nevertheless, by negligence, the victim D, who was waiting for the signal while driving in the same direction as the above place, has been driving.

E Along with the low-class vehicle, the lower-class driver of the Defendant vehicle was in front of the Defendant vehicle.

Because of its shock, the victim suffered injuries, such as salt dynasium, which requires two weeks of treatment.

Summary of Evidence

1. Part of the defendant's legal statements;

1. Legal statement of the witness D;

1. A survey report on actual condition, a written statement of a driver taking the driving, notification of the results of crackdown on drinking, inquiry into the results of crackdown on drinking, and an on-site photograph of the accident;

1. The application of laws and regulations, including written opinions (No. 13), medical records, and written inquiries about facts;

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(2)3 of the Road Traffic Act, and Article 44(1) of the Road Traffic Act, and the selection of fines;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Judgment on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act