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(영문) 대구지방법원 2017.05.18 2017고단985
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a C-Character car.

On January 12, 2017, the Defendant driven the said car under the influence of alcohol level of 0.131% during blood transfusions, and proceeded at a speed of about 60 km per hour, depending on the two-lanes from the string side of the string side of the heading 2:0 square meters in front of the exit route at the string side of the Daegu Water-gu Sea Zone, along the two-lanes from the string side of the string side of the string side of the city.

At the time, there was a night and a place where vehicle traffic is frequent, so that a person engaged in driving of a motor vehicle has a duty of care to live well on the front door and the left door, and to accurately manipulate the steering system and the brake system of the motor vehicle and prevent the accident from occurring.

Nevertheless, the Defendant’s negligence, while neglecting this, found it late to stop the E-ray car driven by the victim D (W, 59 years old) who was driven in front of the Defendant’s car due to the foregoing negligence, and found the Defendant’s front part of the E-ray car as the front part of the said E-ray car, and led the victim F.(68 years old) who was driven by the Defendant’s vehicle and stopped in front of it, to see the back part of the E-ray car as the front part of the said E-ray car.

After all, the defendant suffered from the above occupational negligence that caused the injury to the victim D, such as the inner side of the pelle and the pelle, which requires approximately 10 weeks of medical treatment, and the injury to the victim F, which requires approximately 2 weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Written statements prepared in D;

1. Notification of the results of regulating the driving of drinking alcohol, a survey report on actual condition, and the application of each statute;

1. Article 148-2(2)2 and Article 44(1) of the Road Traffic Act (the point of drinking alcohol) concerning criminal facts; Article 3(1) and proviso of Article 3(2)8 of the Act on Special Cases Concerning the Settlement of Traffic Accidents; Article 268 of the Criminal Act (the point of duty and negligence).

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