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(영문) 대구지방법원 김천지원 2013.09.06 2013고정431

교통사고처리특례법위반등

Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of B-port cargo vehicles.

1. On April 5, 2013, the Defendant driven the above cargo while under the influence of alcohol 0.123% of alcohol level around 19:40 on April 5, 2013, and led to one-lane of the two-lanes in front of the fireworks and Property Child Care Center in the Gu and U.S. to the Gu, U.S. High School from the original direction.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to check and drive the course safety by taking into account the front side and the left side.

Nevertheless, the Defendant neglected this and neglected to drive in the same direction as the negligence of driving a luki apartment while neglecting the lux City prior to the foregoing, and tried to turn to the left, and did not stop immediately after finding the lux car of the injured party C (Y, 36 years old) driving, which was waiting to turn to the lux apartment, and did not stop to the front part of the injured party's cargo vehicle, and concealed the front part of the damaged vehicle to the front part of the lux, with the shocking of the above lux car in the future.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. of the bones of neck, which requires medical treatment for about three weeks, due to such occupational negligence.

2. The Defendant driven the foregoing cargo while under the influence of alcohol 0.123% at the above time and at the above place.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and C;

1. Reports on traffic accidents, reports on driving officers, and reports on actual conditions;

1. Application of Acts and subordinate statutes of a medical certificate;

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, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, and the selection of fines;

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