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(영문) 대구지방법원 경주지원 2012.09.07 2012고합81
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On May 10, 2012, at around 18:27, the Defendant driven a B rocketing car with a blood alcohol concentration of at least 0.211% in the section of the section of the National Agricultural and Fishery Product Center, located in the luminous-dong in the front of the Agricultural and Fishery Product Center in the luminous-dong, Sejong, from the front of the Jak-dong, the Defendant, at approximately 700 to the front of the Jak-dong.

2. On May 10, 2012, the Defendant driven a rocketing car on May 18:27, 2012, and moved the front distance of the Agricultural and Fishery Product Center located in the luminous-dong at the time of racing to the front of the luminous-ro king.

In this case, a person engaged in driving of a motor vehicle has a duty of care to prevent traffic accidents in advance by safely using steering devices, brakes, etc. in a proper manner.

Nevertheless, the Defendant neglected this, while driving a vehicle under the influence of alcohol level of 0.211%, received the back portion of the victim C(the age of 49) 1t loaded on the left-hand side of the vehicle of the Poet Poet Poet Ba, which the Defendant drives, from the front side of the right-hand side of the Poet Hast Driving Vehicle B.

The Defendant suffered from an injury to the victim due to the occupational negligence, such as satisfy that requires approximately three weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared C (in the event of traffic accidents);

1. The actual condition survey report;

1. A report on detection of a host driver and a report on the circumstantial statement of a host driver;

1. A medical certificate;

1. Application of the photographic Acts and subordinate statutes;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Injury caused by occupational negligence: Article 3 (1), proviso to Article 3 (2) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act;

(b) Points of drinking alcohol driving: Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act;

1. Of concurrent crimes, the punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes shall be more severe than the punishment provided for in the Act on Special Cases concerning the Settlement of Traffic Accidents: Provided, That the concurrent crimes

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