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(영문) 대구지방법원 2018.11.20 2018고정970
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

1. On June 14, 2018, the Defendant driven the said vehicle under the influence of alcohol level of 0.159% in blood at around 20:45, while driving the said vehicle, and led the said vehicle to the front of the D convenience points located in Gyeongbuk-gun C in the lurg-gun, Gurg-gun.

In such a case, a person engaged in driving service has a duty of care to care in preventing accidents by accurately manipulating the steering gear and brakes.

Nevertheless, the Defendant was negligent in neglecting this and proceeding along with the Defendant’s vehicle and received the victim E(28) driver’s driving fund (28 years old) driver’s license in front of the Defendant’s vehicle, and followed the Defendant’s vehicle behind the Defendant’s vehicle.

After all, the Defendant suffered injury to the victim E and the damaged vehicle G (V, 26 years old), respectively, by negligence in the above business, such as salt, tension, etc. of the bones of wood that requires approximately two weeks of medical treatment.

2. At the same time as Paragraph 1, the Defendant driven a B rocketing car with approximately 10 km distance from the front of the mountain ridge cafeteria, which is located in the name of the Gyeongbuk-gun, Chungcheongnam-do to the place of accident, while under the influence of alcohol level of 0.159% in blood.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

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

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

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning the facts constituting an offense, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the same Act concerning the driving of alcohol;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each alternative fine for punishment;

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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