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(영문) 대구지방법원 포항지원 2016.07.15 2015고정531
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who drives a two-way passenger car.

A. On May 4, 2015, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents, while under the influence of alcohol leveling 0.103% from blood transfusions around 00:20 on May 4, 2015, the Defendant driving the said car, and driving it on a three-lane scale, leading four-lanes in front of SK2 apartment units located in the south-gu Granddong at the port of the port of the port of the cargo terminal to a three-lane distance of filial length from the edge of the cargo terminal station.

In such cases, a person engaged in driving service has a duty of care to refrain from driving under the influence of alcohol, to accurately operate the steering system of vehicles, brakes, and other devices, and to refrain from driving at a speed and in a manner that may cause danger and harm to others according to the traffic situation and the structure and performance of the vehicle.

Nevertheless, the defendant's negligence of driving the vehicle as it is without fault and caused the collision of the victim C's driver's back part of the driver's Dakn knife which changed from three lanes on the front side of the same room to four lanes on the left side of the vehicle.

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

B. On May 4, 2015, the Defendant was under the influence of alcohol level of 0.103% from blood transfusions around 00:20 on May 4, 2015, the Defendant driven approximately 1 Km from the roads front of SK2 apartment at the same cafeteria-dong, where the said car is located in the Nam-gu So-dong Eup at the port of port.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. The actual investigation report on traffic accidents and on-site photographs;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

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

1. Article 3(1) and proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant criminal facts, Article 268 of the Criminal Act, and Article 148-2(2) of the Road Traffic Act.

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