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(영문) 대구지방법원포항지원 2020.09.10 2020고단817
교통사고처리특례법위반(치상)등
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The sentence against the accused shall be 15,000,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. Around 06:30 on April 18, 2020, the Defendant driven a FK7 vehicle at the section of about 15km from C public parking lots located in Nam-gu, Nam-gu to E in the same Gu, under the influence of alcohol of 0.053%.

2. The Defendant is a person who is engaged in driving a FK7 car.

On April 18, 2020, the Defendant driven the above car at around 06:30, and driven the two-lane road in the south-gu of the port of port in the south-gu of the port of port, south from G to about 70 km in the speed of Si/Gu, depending on two-lanes from the south-gu, the Defendant driven the above car at about 00 km.

In this case, a driver of a motor vehicle has a duty of care to prevent accidents in advance by accurately operating the steering gear and steering the steering gear while under the influence of alcohol.

Nevertheless, the Defendant neglected to do so and was negligent in driving under the influence of 0.053% alcohol level, and the Defendant got the back side of the victim H(the age of 57) driving in the same direction as before.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as a light elel to the left-hand majority, a light elel to the non-alley, etc., which requires a medical treatment for about 16 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Notification of the control results of drinking driving, report on the circumstances of drinking drivers, and report on request for appraisal;

1. Each written diagnosis;

1. Application of each statute on photographs;

1. Selection of each fine under Article 3(1) and proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, the Act on Special Cases concerning the Selection of Punishment for Crimes, Article 268 of the Criminal Act, Article 148-2(3)3 of the Road Traffic Act, and Article 44(1) of the Road Traffic Act (the point of a sound driving). The degree of negligence and damage are heavy;

However, it is against the defendant's wrong.

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