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(영문) 대구지방법원 2013.12.11 2013고정2616

교통사고처리특례법위반등

Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. On July 31, 2013, while under the influence of alcohol around 04:00, the Defendant was driving a C Car in front of the yellow-distance path in the Daegu Water-gu Mangsan-dong, and the Defendant was driving at a speed of about 30 to 40 km per hour from the two-lane direction at three lanes, one of four lanes from the two-lane direction.

At the time, the Defendant followed the damaged vehicle ahead of it in the same direction, so in such a case, there was a duty of care to maintain a sufficient safety distance and avoid the sudden operation, while driving safely and prevent the accident from spreading safely.

Nevertheless, the Defendant neglected this and found the tobacco left in the front while finding the damaged vehicle later, and caused the Defendant’s injury to the e-M5 vehicle E-M5 vehicle driven by the victim D (the age of 29) by taking advantage of the front gate of the above vehicle operated by the Defendant, thereby causing approximately two weeks of treatment to the victim.

2. The Defendant, while under the influence of alcohol content of 0.156% in a temporary border like Paragraph 1, driven approximately 3 km from the Defendant’s house located in Daegu Suwon-gu F to the front day of the same Kugsan-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A traffic accident occurrence report;

1. The actual condition survey report;

1. A medical certificate;

1. A written report from an employee of an employer;

1. Application of Acts and subordinate statutes to reports on the statement of the situation of a driver;

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

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

1. Articles 70 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;