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(영문) 대구지방법원 2018.06.21 2018고단1186

교통사고처리특례법위반(치상)등

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

1. On February 5, 2018, the Defendant, while under the influence of alcohol at around 09:15, the Defendant driven a Fick car at a section of approximately 500 meters from the front of the “C” to the front of the E-cafeteria in D, while under the influence of alcohol at a level of 0.066%.

2. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) was driving a Ftoscar car at the date and time set forth in paragraph 1, and led to the intersection of the Ftoscar car in front of the E cafeteria which is located in the D of the Gyeongbuk-gun, Chungcheongnam apartment, to the luminous rock protection from the offside of the offside apartment.

In such cases, a person engaged in driving duty has a duty of care to prevent accidents and safely drive the steering gear and brakes by accurately operating the steering gear and brakes.

Nevertheless, the Defendant, while neglecting the influence of alcohol and going through the same as it is, received the front part of the driving of the victim G(45 years old) (H), which was driven by SS Mat by the Defendant’s driver, from the point where the Defendant was negligent in driving the mat in the direction of the car on the right side of the passenger car.

Ultimately, the Defendant suffered, by negligence in the above occupational negligence, the injury to the victim G, such as fluoral salt, etc., which requires the observation and stability of the two weeks period of time, and the injury to the fluoral fluor of the damaged vehicle I (V, 44 years old), for approximately two weeks of past observation and the injury to the fluoral fluoral salt, etc. which requires medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officer in G;

1. A survey report on actual conditions;

1. Statement of the circumstances of the driver involved in driving;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 148-2 (2) 3 and Article 44 (1) of the Traffic Act (the point of drinking), Article 3 (1) and the proviso to Article 3 (2) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each alternative fine for punishment;

1. Aggravation concurrent crimes;