logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 김천지원 2014.06.13 2014고정43
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a K5-car.

1. Around 08:50 on January 30, 2013, the Defendant driven the said car with a blood alcohol concentration of 0.082% 0.082%, which led to a bypassing the road front of the yellow commercial distance in the Yellow East-dong in the Gumi-si in the Gumi-si from the surface of the roof bank.

At this point, the center line of yellow-ray is installed, so in such a case, the person engaged in the vehicle driving duty has a duty of care to properly see the right and the right of the front side and to prevent the collision with the vehicle driving the opposite vehicle in advance.

Nevertheless, the Defendant neglected this and got the part of the victim C(33 years old)'s left-hand loaded back of the D Poter Cargo Driving Vehicle, which was the right-hand side of the said K5 vehicle due to the negligence of bypassing it.

The Defendant suffered injury to the above victim by negligence in the course of business, such as fluoral salt, which requires approximately two weeks of medical treatment.

2. The Defendant driven the said car while under the influence of alcohol with a blood alcohol concentration of 0.082% at the above date and at the above place.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. Reports on the occurrence of traffic accidents, reports on driving of drivers, and actual status survey reports;

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

1. Relevant legal provisions concerning criminal facts, Article 3 (1), the proviso of Article 3 (2) 2 and 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. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

arrow