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(영문) 대구지방법원 2017.04.12 2017고정442
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a passenger car volume BM520.

1. On January 8, 2017, the Defendant, while under the influence of alcohol 0.122% in blood at around 18:20 on January 8, 2017, operated approximately 3.3 km in front of a restaurant located in the alley-dong, Nam-gu, Daegu-gu, the said vehicle, at the front of a restaurant located in the alley-dong, Daegu-gu, the head of the Defendant driven approximately 5 km in front of the apartment complex.

2. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) led the Defendant to drive the above vehicle while under the influence of alcohol at the time specified in paragraph (1) and drive the front crosswalk 5, a water-gu yellow-dong Gagld 5, the front crosswalk, from the glick-dong 5, to the yellow-water four-lane off off of the yellow-do 5-lane.

Since there is a crosswalk in which a vehicle signal, etc. is installed, a person engaged in driving service has a duty of care to drive safely according to the new code.

Nevertheless, the part of the victim C(32 ) who crosses the crosswalk, such as pedestrian signal, due to negligence in violation of and proceeding with the signal, was placed on the road by taking the left side of the victim C(32) into the front part of the vehicle.

Ultimately, the victim suffered injury, such as brain salvina, which requires approximately three weeks of medical treatment due to occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. A medical certificate;

1. The actual survey report and on-site photographs;

1. Application of Acts and subordinate statutes on report on internal accidents;

1. Relevant legal provisions of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Articles 148-2(2)2, 44(1) (the point of drinking), Article 3(1), the proviso of Article 3(2)1, 6, and 8 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and each of the options of fines;

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. The order of provisional payment;

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