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(영문) 대구지방법원 2019.02.14 2018고정1118
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of five 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 drives a passenger car to be observered B.

1. Around 20:50 on June 30, 2018, the Defendant driven the said vehicle while under the influence of alcohol content of 0.187% at the center of the residents of North Korean father-and-child in the mid-distance radius.

A person who drives a motor vehicle shall accurately operate the steering system, brakes, etc. of the motor vehicle, and shall not drive the motor vehicle at such speed or in such a manner as may cause any danger and impediment to others according to the traffic conditions of the road and the structure and performance of the motor vehicle, and have the duty of care to prevent accidents from occurring.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to do so and neglected to proceed as it was, was driven by the victim C (Nam, 26 years old) in the front direction of the Defendant’s running, with a part of the back part of the DNA car driving in the front direction of the Defendant’s driving.

Ultimately, the Defendant suffered injury to the victim, such as catitis, which requires approximately two weeks of medical treatment due to occupational negligence as above.

2. Violation of the Road Traffic Act (driving) driving the said vehicle under the influence of alcohol content of 0.187% at a distance of about 1 km from the front street in front of the F, Sinsan City, to the front street in front of the same Dong at a time, such as paragraph (1) of this Article.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. Report on the occurrence of a traffic accident, actual condition investigation report and circumstantial statement report of a drinking driver;

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

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1), the proviso to 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. Aggravation for concurrent crimes;

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