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(영문) 대구지방법원 김천지원 2017.05.25 2017고정91
교통사고처리특례법위반(치상)등
Text

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

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

Reasons

Punishment of the crime

1. Around November 11, 2016, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) operated the said car as a lux Eup/Myeon located in the luxan-gun of 0.129% of alcohol content in the blood while under the influence of alcohol at around 01:17 on November 11, 2016.

In such a case, a person engaged in driving of a motor vehicle has a duty of care to take the front, rear, left and left well, and to accurately operate the steering and brakes.

Nevertheless, the Defendant neglected to do so and proceeded on the right side of the Defendant’s vehicle, which was sent earlier to the victim C (V, 46 years old) driving before the left side of the Defendant’s vehicle.

In the above occupational negligence, the victim C and the victim E (46) suffered from the injury of the tensions, tensions, etc. in need of approximately two weeks of treatment.

2. Violation of the Road Traffic Act (drinking) driving a chip vehicle under the influence of alcohol content of approximately 0.129% in a section of about 1km from the nex of the Yellow-dong Sculon Sclow in the city of Si/Gu, Si/Gu, Si/Gun, to the front of the four factories of Si/Gu, Si/Gu, Si/Gun.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A response to a request for appraisal, and a written appraisal of alcohol during blood transfusion;

1. A survey report and photograph of actual condition;

1. Application of Acts and subordinate statutes (C and E);

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning the facts constituting an offense, Article 268 of the Criminal Act (referring to the injury caused by negligence in the course of business), Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (referring to the act of driving alcohol);

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

1. Selection of each alternative fine for punishment;

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

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

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