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(영문) 대구지방법원 포항지원 2013.05.03 2013고정220
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

The defendant is a person engaged in the operation of the EXE car.

1. Around 01:40 on February 1, 2013, the Defendant driven the above vehicle and driven a vehicle at approximately 500 meters in front of the same spambin distance on the street in the front of the spambin in the north-gu Two-dong, Northern-dong, under the influence of alcohol content of 0.115%.

2. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents, driving the vehicle above at the same time and place as the above Paragraph 1, and driving the four-lane road in front of the motor vehicle agency in the north-gu, Magdong, Magdong, at port, along two lanes from the latter to the latter.

In such cases, the driver of a motor vehicle has a duty of care to prevent accidents in advance by safely reporting the traffic situation on the part of the driver of the vehicle.

Nevertheless, the Defendant neglected to do so and proceeded without good cause, and the part on the back of the back of the E-Sanon-cab driven by the victim D (the age of 49) who was standing in the atmosphere signal at the front direction of the vehicle was collisioned with the front direction of the vehicle of the Defendant.

As a result, the Defendant suffered injury to the driver of the damaged vehicle D, such as catitis that requires approximately two weeks of medical treatment, and injury to the passenger F (V, 48 years of age) such as catitis that requires approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared in D;

1. Report on the statement of the status of a drinking driver, and report on detection of a drinking driver;

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

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act;

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

1. Selection of each alternative fine for punishment;

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 of the Criminal Procedure Act provides for an order of provisional payment.

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