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(영문) 대구지방법원 포항지원 2013.04.12 2013고정62
도로교통법위반(음주운전)등
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 16:56 on October 28, 2012, the Defendant: (a) driven a luxa car on the same luxa in front of the luxa-dong Daegu-dong, Daegu-dong, and the same luxa apartment on the street, while under the influence of alcohol by 0.119% in blood alcohol concentration; (b) on the one hand, the Defendant was driving a approximately one kilometer in front of the same luxa-dong 204-dong street.

2. On October 28, 2012, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”) stopped a car with BKankin in order to turn off the vehicle, while driving a road that does not pass ahead of the 204 ju-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-do at the

In such cases, a driver of a motor vehicle has a duty of care to maintain the state of parking by thoroughly maintaining the operation system of the motor vehicle and to prevent accidents in advance by taking necessary measures to prevent the vehicle from being pushed behind.

Nevertheless, the Defendant neglected this and failed to accurately operate the operation system, which led the victim C, who followed the same direction while pushing the vehicle behind, received the part on the left side of the driving vehicle of the Defendant, which was driven by the victim C.

As a result, the defendant suffered injury to the victim due to occupational negligence during about two weeks of treatment, such as acute spawnitis which requires treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in C;

1. A written report from an employee of an employer;

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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