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(영문) 대구지방법원 포항지원 2017.06.21 2017고정159
교통사고처리특례법위반(치상)등
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Defendant shall be punished by a fine of KRW 5,000,000.

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 car in the B SP area.

On January 23, 2017, the Defendant driven the said car under the influence of alcohol level of 0.118% from blood transfusion level around 08:00, and came to turn to the left at the right-hand level from the eth of the port of the port of North Korea at the port of the port of the port of the port of North Korea at the port of the port of the port of the port of the port of the Republic of Korea.

Since there is a private road crossing, there was a duty of care to check whether there is a vehicle that proceeds from another direction by reducing speed and checking the right and the right of the driver, and to safely drive the vehicle.

Nevertheless, under the influence of alcohol, the Defendant was in the front part of the car of the victim D's driving 4.5 tons of 4.5 tons of flusium flusium and the front part of the left part of the freight flusium, which was sent to the right-hand turn at the right-hand side of the month, due to the negligence of neglecting the duty of front-side and left-hand turn.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. The actual survey report and on-site photographs;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article 3(1) and the proviso to Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents by the Selection of Punishment, Article 268 of the Criminal Act, Articles 148-2(2)2 and 44(1) of the Road Traffic Act, and the selection of fines for each crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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