(영문) 대구지방법원 서부지원 2021.02.02 2020고정512

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 서부지원 2021.02.02 2020고정512

교통사고처리특례법위반(치상)등

Text

1. The defendant shall be punished by a fine of four million won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a low-priced car.

On May 21, 2020, the Defendant driven the above car at around 23:45, and proceeded along three-lanes in front of the four-lane distance of the station located within 1827 in the Seo-gu, Seo-gu., Seo-gu., Seo-gu., the Defendant driven the above car at around 23:45 and proceeded along three-lanes from the two-lane four-lane boundary.

Since there is a place where traffic signal, etc. is installed, there was a duty of care to safely drive a person engaged in driving service in accordance with the signals by reducing speed and by properly examining the right and the right of the driver.

However, while the Defendant neglected this and was driving under the influence of alcohol level of 0.048% in blood while driving, the Defendant received the back part of the victim C(26 tax) driving, which was driven on the right side from the left side of the course of the Defendant’s course, due to the negligence directly attributable to the vehicle stop signals, from the victim C(26 tax) driving on the right side.

Ultimately, the Defendant driven the said vehicle under the influence of alcohol concentration of 0.048% in blood, and suffered from the victim’s negligence on the left-hand bucks that require approximately one week treatment.

Summary of Evidence

1. Statement by the defendant in court;

2. Statement made by the police against C;

3. Reporting on the occurrence of a traffic accident, a survey report on actual condition, inquiry into the results of crackdown on drinking driving, and the application of Acts and subordinate statutes;

1. Relevant legal provisions of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Articles 148-2 subparag. 3 and 44(1) (the point of drinking alcohol), Article 3(1) and proviso to Article 3(2)1 and 8 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the point of business and negligence), the selection of fines;

2. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act, which increases concurrent crimes;

3. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

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

참조조문

유사 판례

-대구지방법원 서부지원 2016.07.22 2016고정537

-대구지방법원 서부지원 2016.06.15 2016고정347

-대구지방법원 서부지원 2016.06.23 2016고단515

-대구지방법원 서부지원 2016.01.08 2015고단1789

-대구지방법원 서부지원 2017.07.21 2017고단581