logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2015.06.26 2015고정958
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is K5 taxi drivers.

1. On March 18, 2015, the Defendant violated the Act on Special Cases concerning the Settlement of Traffic Accidents: (a) driven the said car while under the influence of alcohol content of 0.069%; (b) led the Defendant to drive the said car in front of the instant car, which is located in the fleet of Jinnsan-si, Jinsan-si, to proceed from the New World No. 100 to the territorial sea.

The driver of any motor vehicle has a duty of care to live well on the front side and the left side, and to refrain from driving at a speed or in a manner that may cause any danger and obstacle to others.

Nevertheless, the defendant neglected to stop on the left side of the driving direction of the victim C(26 years old) which was parked on the left side of the driving direction due to the negligence of the former driver's negligence, received the front portion of the victim C(26 years old) driver's car left ahead of the left side of the above vehicle of the defendant, and subsequently stopped on the left side of the vehicle.

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

2. Around 16:30 on March 18, 2015, the Defendant driving a B K5 taxi under the influence of alcohol content of 0.069% prior to the filing of the ship claim apartment located in the same Ri on the roads in front of the Agricultural District Gas station located in the Jinnsan-Eup, Jinsan-si.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A written diagnosis for C;

1. Application of Acts and subordinate statutes to the traffic accident occurrence report, actual condition investigation report, each on-site photograph, and the master exploitation report;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents by the Selection of Punishment, Article 268 of the Criminal Act, Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act, and the choice of fines;

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

1. Articles 70(1) and 69(2) of the Criminal Act for the detention of a workhouse;

arrow