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(영문) 대구지방법원 김천지원 2015.05.08 2015고정105
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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 of fixed cargo C.

On January 12, 2015, the Defendant driven an above cargo vehicle on a 14:25th day, and proceeded with a road in front of the transmission distance of the old city in the Sin-si in the Sin-si under the influence of alcohol by 0.05% of the blood alcohol concentration.

At this point, it is a road near the intersection where signal apparatus between the two straight lines is installed, and the preceding vehicle was in progress.

In this case, a person engaged in driving service of a motor vehicle has a duty of care to take into account the right and the right and the right and the right and the right and duty of care to prevent accidents by accurately manipulating the steering gear and the system.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to do so, was negligent in driving so that the part of the front part of the above cargo vehicle was followed by the ECB car of the victim D (30 years old).

Ultimately, the Defendant by occupational negligence inflicted injury on the above victim D such as salt, tensions, etc. on the chills that need to be treated for about three weeks, and inflicted injury on the victim F (the 34 years old), who is the passenger of the said car, such as chills and tensions that need to be treated for about three weeks, on the part of the victim G (the 2 years old), and on the part of the victim G (the 2 years old), on the part of the chills that need to be treated for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D and F;

1. Each written diagnosis;

1. Report on the statement of the state of a drinking driver, notification on the results of the drinking driving control, and application of Acts and subordinate statutes to the drinking driving control;

1. Article 3 (1), the proviso of Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Handling of Traffic Accidents by Relevant Acts concerning facts constituting an offense, Article 268 of the Criminal Act, Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act (a point of driving while driving a motor vehicle);

1. Among the crimes of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in Articles 40 and 50 of the Criminal Code, and the victim D with the largest criminal situation.

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