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(영문) 대구지방법원 김천지원 2017.09.26 2017고정374
교통사고처리특례법위반(치상)등
Text

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

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 engaging in driving a B-learning passenger car.

On May 19, 2017, the Defendant driven the above car on May 10:15, 2017, and led to the front of the Geum-gu public road, which was 61 the old-si university, to the front of the Geum-gu public road from the direction of the rooftop to the front of the Geum-gu public road.

In such a case, a person engaged in driving of a motor vehicle has a duty of care to properly see the front side and the left side and to accurately manipulate the steering and brakes so as to prevent accidents.

Nevertheless, the Defendant neglected to do so, while driving the said vehicle while under the influence of alcohol content 0.109% in blood, and due to negligence, received the part behind the Defendant’s vehicle in front of the Defendant’s vehicle driving in front of the shut-off shut-off shut-off shut-off period prior to the last day of the MadM3 car driven by the victim C (hereinafter “F3 years old”), who was under the influence of the said vehicle.

Ultimately, the Defendant suffered injury to the victim, such as bones of verteas, verteum, etc., in need of approximately two weeks of medical treatment due to the above occupational negligence.

2. On the day specified in paragraph (1), the Defendant driven a B-learning car under the influence of alcohol content of approximately 0.109% from the section of approximately 2km to the front road of the Geum-si University located in the Gu-Si, Si, Si, Si, Si, Gu-si, Si, Si, Gu-si. from the road of Daegu Do-si, Si, Si, Si, Gu-si.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Reporting the occurrence of a traffic accident, conducting an investigation into the actual condition of a traffic accident, making a statement on the circumstances of a driver of a driving school, and inquiring about the results of regulating drinking driving

1. A medical certificate;

1. Application of Acts and subordinate statutes governing accident scene photographs;

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

1. The former part of Article 37 of the Criminal Code, and Article 38.

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