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(영문) 대구지방법원 서부지원 2016.07.22 2016고정537
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving of the traps.

On April 18, 2016, the Defendant driven the foregoing vehicle under the influence of alcohol content of 0.096% among blood transfusion 0:45 on April 18, 2016, and proceeded directly at a speed of about 10km in speed of about 10km per hour, depending on the two four-lane distances from the two-lanes of the church located within the 1874 in Seo-gu, Seo-gu.

The location had a duty of care to prevent accidents in advance due to a person engaged in driving service, such as taking into account the surrounding traffic situation well, accurately manipulating the steering and brakes, etc., as the traffic of ordinary vehicles is frequent.

Nevertheless, under the influence of alcohol, the Defendant was driving by the victim C (AF, 56 years old) who was under the influence of signal while driving ahead of the above duty of care.

D The part of the crime behind the vehicle of the vehicle of the defendant was received as the front part of the vehicle of the defendant, and the above victim suffered injury, such as light salt, which requires approximately one week medical treatment.

2. The Defendant, while under the influence of alcohol concentration of 0.096% during the blood transfusion of the above day, driven the above vehicle at approximately 2 km away from the four-distance street front of the death of Daegu Seo-gu to the front of the church in Seo-gu in the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. A survey report on actual conditions;

1. Reports on internal investigation (a statement of intention in charge and attachment of opinions), the application of statutes and written opinions;

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)3 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, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.

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