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(영문) 대구지방법원 2014.11.28 2014고정2481

교통사고처리특례법위반등

Text

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

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a BM car.

1. On August 15, 2014, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases”), driving the said vehicle under the influence of alcohol content of 0.105%, and driving the said vehicle in front of the D parking lot located in Daegu-gu C, Daegu, with a two-lane radius from the horizontal intersection.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to confirm the safety of course by checking the right and the right and the right of the motor vehicle, and to prevent the accident by driving the motor vehicle.

Nevertheless, the Defendant neglected to do so and neglected the driving of the F car driven by the victim E (V, the age of 33) prior to being driven by the Defendant, and received the part behind the driving of the F car as the front part of the Defendant vehicle.

Ultimately, the Defendant suffered injury to the victim, such as catitis, which requires approximately two weeks of medical treatment due to occupational negligence as above.

2. The Defendant violated the Road Traffic Act (driving) driven the said vehicle at a about 1km section from the front side of the Grand-dong in Daegu-gu, Daegu-gu, to the front side of the D parking lot located in Daegu-gu, while under the influence of alcohol at a level of 0.105% of the blood alcohol concentration in the temporary light under the above paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

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

1. A medical certificate;

1. Application of Acts and subordinate statutes to reports on proper initiative of, and reports on the statement of status of, a prime driver;

1. Relevant legal provisions concerning criminal facts, Article 3 (1), the proviso of Article 3 (2) and Article 3 (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) 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, Article 38 (1) 2, and Article 50 of the Criminal Act [the scope of the crimes of violating the Act on Special Cases concerning the Settlement of heavy Traffic Accidents and the Violation of the Road Traffic Act (the sum of the maximum amount of the crimes of running sound driving)]