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(영문) 대구지방법원 포항지원 2013.04.26 2013고정192
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of four million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. Around 08:35 on January 29, 2013, the Defendant violated the Road Traffic Act (driving) driving approximately one kilometer from the vicinity of the franchisium in the south-gu other franchisium at the port to the street in the front of the same Gu-dong Saemaeul Saemaeul Saemaul Treasury, under the influence of alcohol by 0.121% of the blood alcohol concentration.

2. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in the operation of Brasing freight vehicles.

On January 29, 2013, the Defendant driven the above vehicle at around 08:35 on January 29, 2013, and led to the intersection of the private distance in front of the Yongsan-dong Saemaeul Community Depository, Chungcheongnam-gu at the port, Chungcheongnam-do, to the automatic efficiencies from the side of the school building.

Since the location is a private-distance intersection where traffic is not controlled, it is possible to reduce the speed and temporarily stop to check whether there is a cross-road and check whether there is a motor vehicle, but it is negligent in performing the duty of care, and the part adjacent to the right side of the motor vehicle of the defendant, which is driven by the victim C(64 years old) due to the negligence of the victim C(64 years old).

As a result, the Defendant suffered injury to the victim, such as salt dynasty, which requires treatment for about three weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. Report on detection of a host driver and report on the circumstances of a host driver;

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

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) 8 of the Act on Special Cases concerning Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, and the selection of fines;

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

1. Articles 70 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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