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(영문) 대구지방법원 2014.07.24 2014고정1511
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

1. Around 23:20 on April 17, 2014, the Defendant driven a Bknife car under the influence of alcohol by 00 meters at a distance of about 300 meters from the New Manncheon-dong parking lot located in Daegu Northern-gu, 87, to the front of the high-speed point in the same Gu (Ycheon-dong), located in the same Gu (Scheon-dong), from the parking lot for New Manncheon-dong, to the high-speed road in the same Gu (Scheon-dong).

2. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents was driving the road in front of the above rapid landing point from the side of the Macheon Agricultural and Fishery Product Market to the East Eastern.

In such cases, the driver of a vehicle has a duty of care to properly see the front side and the left side and the left side, and to accurately manipulate the steering direction and the brakes so that the accident can be prevented.

Nevertheless, under the influence of alcohol, the Defendant, while neglecting the above duty of care, went against the victim C(54 years old), who was stopped in order to wait for customers on the opposite lane by negligence while neglecting the above duty of care, was shocked into the left side part of the said car in front of the left side.

As a result, the Defendant suffered from an injury to the victim in need of approximately two weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C (accidents involving traffic accidents);

1. Statement on the status of a drinking driver, and a report on detection of a drinking driver;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Blue pictures, field photographs, etc.;

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

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) 1 of the Road Traffic Act, Article 44 (1) of the Road Traffic Act, and the selection of fines, respectively;

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;

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

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