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(영문) 대구지방법원 2016.12.08 2016고단4200
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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 motor vehicle in D.

On July 27, 2016, the Defendant driven the said car with a blood alcohol concentration of 0.085% 0.085% around July 27, 2016, and proceeded ahead of the said car to the same-sex school from the 3-lane 378 metropolitan name in Daegu Suwon-gu.

At the same time, there was a duty of care to safely drive a motor vehicle to a person who is engaged in driving a motor vehicle at a place where a vehicle signal, etc. is installed in the front.

Nevertheless, under the influence of alcohol, the Defendant did not discover the victim E (W, 61 years old) who was crossing the right from the left side of the Defendant’s running direction to the right side, while neglecting this, and received the victim from the front part of the said car.

Ultimately, the Defendant suffered injury to the victim, such as the instant 8 weeks of occupational negligence, 7 Crossing the breadth and the pressure 1st century, which require approximately 8 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A E-document;

1. Application of Acts and subordinate statutes to reports on the results of the drinking driving control, field photographs, and diagnostic certificates;

1. Relevant legal provisions concerning criminal facts, Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act (the point of sound driving), Article 3 (1), the proviso to Article 3 (2), Article 3 (1), Article 3 (2) 1 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Article 268 of the Criminal Act, the selection of fines (the fact that the defendant agreed smoothly with the victim of traffic accidents, the blood alcohol concentration of the defendant is less than 0.1%, and the defendant's mistake is divided and again does not prevent re-offending);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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