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(영문) 대구지방법원 서부지원 2018.04.12 2018고단72
교통사고처리특례법위반(치상)등
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of Bchip motor vehicles.

On December 15, 2017, the Defendant, while driving a franchise with alcohol concentration of 0.234% in front of the D, located in Daegu Seo-gu, Daegu-gu, Daegu-gu, 2017, was driving the said road as a new four-distance outflow from the upstream of the mountain underground, while driving the franchise with alcohol concentration of 0.234%.

In such a case, the driver of the vehicle has a duty of care to drive the vehicle by accurately operating the steering and brakes while keeping the proper distance from the vehicle in front, while driving the vehicle well.

Nevertheless, the defendant, while under the influence of alcohol, has been driving by the victim E who was stopped in front of the passenger car due to negligence while neglecting the duty of an exclusive drinking.

F) The back part of the last passenger car was received as the front part of the franchise.

As a result, the defendant driving a car in the state of alcohol, and suffered from injury such as salt, tension, etc. in the state of light that requires approximately two weeks medical treatment to the victim due to negligence in the course of duty.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A survey report on actual conditions;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. On-site photographs;

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

1. Article 148-2 (2) 1 and Article 44 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 3 (1) and the proviso to Article 3 (2) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

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

1. Selection of an alternative fine for punishment;

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

1. Circumstances favorable to the sentencing of Article 334(1) of the Criminal Procedure Act for the Provisional Payment Order: The defendant's consent to the crime of this case is against the defendant, and the vehicle of the defendant is covered by the comprehensive motor vehicle insurance.

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