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(영문) 대구지방법원 안동지원 2021.01.26 2020고단640
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a passenger car in the B SP area.

피고인은 2020. 8. 2. 02:20 경 위 승용차를 운전하여 영주시 대동로 26에 있는 리 첼 사거리 앞 도로를 C 아파트 쪽에서 D 아파트 방향으로 직진하여 진행하게 되었다.

At the time, it is a private-distance intersection that operates a night and a wide-distance flashing flashing light, so a person engaged in driving service has a duty of care to prevent accidents in advance and drive safely by accurately manipulating the steering direction and operating the steering system.

Nevertheless, the Defendant neglected to do so, while under the influence of 0.173% alcohol level in blood, and caused the Defendant’s failure to proceed directly from the left side of the running direction to the right side of the Defendant, and led the Defendant’s vehicle to the front part of the Defendant’s car.

Ultimately, the Defendant suffered injury to the victim, such as salt, tensions, etc., in need of approximately three weeks of treatment.

2. On August 2, 2020, the Defendant: (a) driven a motor vehicle in the SP area B while under the influence of alcohol leveling 0.173% from the H located in G at permanent residence on August 2, 2020 to the place of accident described in paragraph (1) 1.

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's legal statement E written report on the occurrence of traffic accidents, the actual condition survey report, the situation report of the driver at the scene of the accident, the investigation report (report on the driver at the main place), and the notification of the results of regulating drinking driving;

1. Article 3(1) and the proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant criminal facts, Article 268 of the Criminal Act (the occupational and de facto occupation) and Articles 148-2(3)2 and 44 of the Road Traffic Act.

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