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(영문) 대구지방법원 2018.05.18 2018고단295
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a cuss car in C.

On December 7, 2017, the Defendant driven the said car under the influence of alcohol content of 0.097% among blood transfusions on December 7, 2017, and led the Defendant to drive the said car according to one-lane on the water level at the 89km-dong Busan Busan Busan Highway, Daegu-dong, Daegu-dong, Daegu-dong, Busan Metropolitan City.

A driver of a motor vehicle has a duty of care to safely operate the motor vehicle by accurately operating the steering, steering, and brakes.

Nevertheless, under the influence of alcohol, the Defendant neglected to do so, and had the victim D(55) driving, which was normally driven at the front room due to negligence that did not properly see the front line, followed the victim’s motor vehicle, and got the Defendant a driver to the front line of the passenger car of the Defendant.

Accordingly, the Defendant suffered from the injury of the victim D and the victim F (51) who was a passenger of the victim of the said rocketing car due to the foregoing occupational negligence by the foregoing injury, such as salt, tension, etc. of the trend requiring approximately two weeks medical treatment.

2. Violation of the Road Traffic Act (drinking driving) was driven by the Defendant in C while under the influence of alcohol by 0.097% alcohol concentration from the 10km section from the 10km section to the place same as that described in paragraph 1, on the road near the Hanae Club located in the Dong-gu, Daegu Metropolitan City, Daegu Metropolitan City, the Dong-gu, Seoul Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the occurrence of a traffic accident and reporting on a traffic accident (1) (2) (2));

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3(1) and proviso of Article 3(2)8 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (a point of causing occupational negligence), Article 148-2(2)3 of the Road Traffic Act, and Article 44(1) of the Road Traffic Act (a point of driving alcohol) concerning criminal facts.

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