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(영문) 대구지방법원 2016.09.29 2016고단3483
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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 freight B.

On June 21, 2016, the Defendant was driving the above cargo vehicle around 21:00 and brought behind the “D” road located in Daegu Dong-gu C, Daegu. A person engaging in driving a motor vehicle has a duty of care to ensure that the driver of the motor vehicle is obliged to take care of the rear bank and its left and right well, to accurately manipulate the steering direction and brakes, thereby preventing accidents from occurring.

Nevertheless, the Defendant neglected this and received, as follows, the parts of the front part of the goods driving by the Defendant, without a number plate of the victim E (16 3) who circumvents from the direction of the door church open to the place of the road in the following manner: (a) there was no number plate of the victim E (16 3) in the direction of the road; and (b) there was a part behind the vehicle driving by the Defendant.

Therefore, the defendant suffered from the victim's finite finite in need of medical treatment for about two weeks.

2. On June 21, 2016, the Defendant was under the influence of alcohol leveling 0.110% among blood transfusion around 21:00, the Defendant driven the said cargo at a 45-lane airport in Daegu-gu, Daegu-gu, and from the Gyeongnam-do, to the front of “D” road located in the same Gu C from around 100 meters.

Summary of Evidence

1. Statement by the defendant in court;

1. A E-document;

1. Notification of the results of crackdown on the driving of drinking, application of field photographs, and survey report on actual condition to statutes;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2(2)2 and 44(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents (the point of drinking), Article 3(1) and the proviso of Article 3(2)8 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the point of occupational and dental negligence), the selection of fines (the point of the defendant is the primary offender, the degree of damage to the victim is not limited, and the damage is presumed to be substantially recoverable through the comprehensive motor vehicle insurance of the damaged motor vehicle, etc.)

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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