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(영문) 대구지방법원 김천지원 2017.12.05 2017고정536
교통사고처리특례법위반(치상)등
Text

Defendant

A A shall be punished by a fine of KRW 4 million, and Defendant B shall be punished by a fine of KRW 2 million.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. Defendant A

A. The Defendant is a person who is engaged in driving a D Orala in violation of the Special Act on the Settlement of Traffic Accidents (Bodily Injury).

On July 20, 2017, the Defendant driven the above Oba while under the influence of alcohol content of 0.128% in blood around 17:5 on July 20, 2017, and proceeded with a road of 1-lane 23 in the vicinity of the 10-lane Sin-si line, from the front middle school located in the 10-lane Sin-si line.

No one shall drive a motor vehicle under the influence of alcohol, and on the other hand, since a temporary stop sign is installed in the direction of proceeding through an intersection without signal, a person engaged in driving of a motor vehicle has a duty of care to check whether the motor vehicle has a motor vehicle entering the intersection by temporarily stopping prior to entering the intersection, and to check whether it has a motor vehicle entering the intersection and to safely drive it.

Nevertheless, the Defendant neglected to do so and did not temporarily stop while entering the intersection as it is, and instead, did not enter the intersection from the right side of the course to the intersection, and received the left side part of the EM3 car driven by the Defendant from the victim B (W, 49 years old) who entered the right side of the direction to the intersection.

Ultimately, the Defendant caused the victim to suffer injury, such as salt, tension, etc. in need of approximately three weeks of medical treatment by occupational negligence as above.

B. The Defendant was under the influence of alcohol content of 0.128% among the blood transfusions at the time specified in paragraph (1) of Article 1, and driving the above 100 meters away from the road front of the route in the Gu-U.S. Sinsan-Eup in the Gu-U.S. Sinsi, to the place specified in paragraph (a) of Article 1.

2. Defendant B is a person engaging in driving a vehicle EM3.

The defendant driving a car above at the time of the day set forth in the paragraph 1(a), and borrowing the road of 1-lane 23 in the vicinity of the shooting distance in the Gu-U.S.-si.

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