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(영문) 대구지방법원 2017.02.10 2017고정52
교통사고처리특례법위반(치상)등
Text

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

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

Reasons

Punishment of the crime

1. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) is under the influence of around 18:00 on November 30, 2016 and under the influence of 0.051% alcohol level during blood, and the Defendant is driving a Category B spectrum wing wing car and driving it on a two-lane road along the two-lanes of the two-lane road located on the National Highway of 20th C C, which was located in the Cheongdo-do, Cheongcheon-do, Cheongcheon-do, Cheongdo-do.

D In order to enter a gas station, it was made bypass.

In such cases, the driver has a duty of care to check the safety of the course and accurately manipulate the steering direction and brakes so that he/she has a duty of care to prevent accidents in advance.

Nevertheless, under the influence of alcohol, the Defendant proceeded to the victim E who was walking along the right edge of the Roman road as it was due to negligence while neglecting this, and the victim got out of the floor to avoid this.

In this way, the Defendant suffered injury to the victim by negligence in the above business, such as the ambl, the right side of which needs to be treated for about two weeks.

2. Defendant 1 driven a BP wing vehicle under the influence of alcohol concentration of approximately 0.051% in a section of approximately 800 meters in the direction of the D gas station located in C in the front of the D gas station located in the vicinity of the Cheongdo-gun, Cheongdo-do Office, Chungcheongnam-do, Chungcheongnam-do.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, and on-site photographs;

1. A report on investigation, and a medical certificate;

1. Application of Acts and subordinate statutes to a statement on the circumstances of driving a drinking and the results of regulating drinking driving;

1. Relevant legal provisions concerning criminal facts, Article 3(1) and proviso to Article 3(2)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)3 of the Road Traffic Act, and Article 44(1) of the Road Traffic Act, and the selection of fines;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.

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