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(영문) 대구지방법원 경주지원 2012.05.10 2012고정91
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine not exceeding 1.5 million won.

Where the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. On August 18, 2012, the Defendant, while under the influence of alcohol at around 08:57, the Defendant operated D dump trucks at the section of approximately 2 km from the front side of the racing running in Dongcheon-dong to the underpass of the race school located in the same dong-dong, from the front side of the racing viewing at Dongcheon-dong to the underpass of the race school located in the same dong-dong.

2. On December 18, 2012, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents, at around 09:07, the Defendant changed the passage of the race school, Young-nam, which is in Sungdong-dong, from the Seoul Freezing Three-lane to the two-lane from the one-lane off of the discharge of the racing and fire fighting, while under the influence of alcohol.

There are two-lanes where a person who is engaged in driving motor vehicles in a bend section of a bend section of the two-lane, there was a duty of care to change the lanes by operating direction direction, etc. in order to give prior notice of change of course and making the traffic situation of the front and rear left well and to change the lanes.

Nevertheless, if the ongoing lane is changed due to negligence while neglecting this, the left side of the Ethr-hand car driving on the two-lanes of the Ethroids conflict with the right side of the vehicle being the front side of the vehicle.

In the end, due to such occupational negligence, the injured vehicle E E Ethp car driver F 26 years of age suffered from injury such as catitiss requiring two weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement concerning F;

1. A medical certificate;

1. The actual condition survey report;

1. A report on detection of a host driver;

1. Application of investigation reports (Application of the Tramark) Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts, Article 3 (1), the proviso of 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, Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act, and the selection of fines;

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

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