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(영문) 대구지방법원 김천지원 2017.12.12 2017고정546
교통사고처리특례법위반(치상)등
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a motor vehicle with a lurged motor vehicle B in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On September 14, 2017, the Defendant continued to proceed to the direction from the edge of the shooting distance of the oil station to the direction of the knife of the knife of the knife of the knife of the knife of the knife.

In this case, a person engaged in driving service of a motor vehicle has a duty of care to safely operate the steering gear by accurately operating the steering gear and steering gear.

Nevertheless, the Defendant neglected to do so, while driving the said vehicle while under the influence of alcohol content 0.169% in blood, and due to negligence, received the part of the Defendant’s vehicle behind the victim D(53 tax) waiting in the signal signal at the front direction of the masta car in the direction of the mast course, and received the part of the masta car in front of the Defendant’s car.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., of the bones of wood, which requires approximately two weeks of medical treatment, due to such occupational negligence.

2. The Defendant violated the Road Traffic Act (drinking driving) driving a vehicle with 0.169% alcohol concentration in blood at a section of about 500 meters from the road front of the traffic frequency of the Tong-gu, Sin Sin Sin Sin Sin Sin Sin Sin Sin Sin Sin Sin Sin Sin Sin Sin Sin Sin-si from the day set forth in paragraph (1) to the front day of the charging station of the ELP in Gumi-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A report on the occurrence of a traffic accident, a report on the circumstances of a driver who takes driving, an inquiry into the results of crackdown on drinking and a report on actual condition;

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

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 Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 70(1) and 69(2)1 of the Criminal Act to attract a workhouse.

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