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(영문) 대구지방법원 포항지원 2018.10.31 2018고정292
교통사고처리특례법위반등
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

On June 16, 2017, the Defendant was sentenced to imprisonment with labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Western District Court on the Aggravated Punishment, etc. of Specific Crimes, and the judgment became final and conclusive on November 30, 2017.

1. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person driving Bwing and III cargo vehicles.

On December 14, 2016, the Defendant was under the influence of alcohol content 0.197% while driving the said cargo at around 00:40, and, at the port of port, the Defendant driven the said cargo at a long-term distance of 9-32 both ports at the port of South-gu, Nam-gu, both sides of the breakwater.

At this point, there is no distinction between the two lanes and the width of the road is narrow. In such a case, a person engaged in driving duty has a duty of care to safely drive by accurately operating the steering and steering gear.

Nevertheless, due to the negligence of neglecting this, there was a conflict between the left side of the victim C(57) crossing the road from the right side of the proceeding direction to the left side of the road.

Ultimately, the Defendant suffered injury to the above victim due to the above occupational negligence, i.e., a cage at the left-hand side, which requires treatment for about 10 days.

2. Violation of the Road Traffic Act (drinking driving) was driven by the Defendant in the state of alcohol alcohol concentration of 0.197% during a day-to-day alcohol, such as Paragraph 1, and driving approximately 1 km on the front of a two-lane cafeteria located in the south-gu long-term spoke, both sides of the said cargo at the port.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A report on the actual condition of a traffic accident and the occurrence of a traffic accident;

1. Inquiries about alcohol alcohol, reports on detection of drivers engaged in driving, and inquiries about the results of crackdown on drinking;

1. A medical certificate;

1. Previous convictions in judgment: The application of inquiry statements, such as criminal history, and the defendant's statutory statement statutes;

1. Article 3 of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Punishment for Criminal Facts and Article 3 of the Act on Special Cases concerning the Settlement of Traffic Accidents.

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