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(영문) 대구지방법원 김천지원 2014.10.17 2014고정567
교통사고처리특례법위반등
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

At around 14:40 on July 27, 2014, the Defendant, while under the influence of 0.127% of blood alcohol level on the front road of Jin-si, Sinsi, Jin-2-1 Modong, was driving a B-crin car with a 0.127% alcohol level, and was straighten from the Jin-dong bank.

In such cases, a person engaged in the driving of motor vehicles has a duty of care to drive motor vehicles while ensuring the safety of the course by taking into account the front left.

Nevertheless, the defendant neglected to do so and neglected to stop in front of the Grand River as it is, the part of the left side of the victim C(37 years of age) driving, which is the left side of the car, was taken forward before the right side of the car.

The Defendant suffered injury on the left side of the lower-class salt and the left side of the victim, which requires two weeks of the treatment period due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual condition survey report;

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

1. Relevant legal provisions concerning criminal facts, Article 3 (1), proviso of Article 3 (2) and Article 3 (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) 2 and Article 44 (1) of the Road Traffic Act, and the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 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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