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(영문) 대구지방법원 2015.02.04 2014고정2919
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a k5-car driver. A.

On October 22, 2014, the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, at around 02:16, the two-lane roads in front of the Daegu University's University, which is located in the Sinsan-si of Sinsan-si, were driven by the said vehicle while under the influence of alcohol of 0.142% of the blood alcohol concentration, and the said vehicle was driven by the Daegu-si Tri-distance flood at the seat of the bus terminal in Daegu-si.

The driver of any motor vehicle has a duty of care to accurately operate the steering system, brakes, etc. of all vehicles and to refrain from driving at such speed or in such a manner as may cause any danger and injury to others according to the traffic conditions of the road and the structure and performance of the motor vehicle.

Nevertheless, due to the negligence of these duty of care, pedestrians C (Nam, 20 years old) who are in front of the defendant's vehicle was placed in front of the vehicle.

As a result, the victim suffered an injury to the left-hand sloaks, sloaks, left-hand sloaks, sloaks, and sloaks on the left-hand sloaks.

B. In the case of the violation of the Road Traffic Act (D) as referred to in the foregoing paragraph (A), the above vehicle was driven under the influence of alcohol of about 4 km up to 0.142% of alcohol content in front of the Daegu University at the same time in front of the signature company in the Sinsan-si, Sin-si, Sinsan-si.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A medical certificate;

1. Application of Acts and subordinate statutes to a report on detection of a host driver;

1. Relevant provisions of Article 3 (1), proviso of Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and selection of punishment for each punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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