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(영문) 대구지방법원 2017.11.02 2017고정643
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The Defendant is a driver of EXE car.

1. On July 15, 2015, the Defendant driven the said car under the influence of alcohol content of about 3 0.198% in blood, while under the influence of alcohol, to the intersection of approximately 105-gil 19,000 on the 19th parallel of the Seoyang-gu Busan National University, Busan National University, at around 22:20 on July 15, 2015, in front of the relatives' house located in Daegu-gu, Daegu-gu, Daegu-si.

2. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”) was under the influence of alcohol bypassing the three-distance intersections adjacent to Sinsan-si 105-ro 19, Seoyang-si, Busan-si, Busan-si, from the Daegu-si bank to the diving intersection.

At this point, the driver of any motor vehicle has a duty of care to accurately operate the steering system, brakes, and other devices of the motor vehicle, and to not drive the motor vehicle at a speed or in a manner that may cause any danger and obstacle to others depending on the traffic situation and the structure and performance of the motor vehicle.

Nevertheless, due to the negligence by which the right is avoided, the part of the victim's automobile to the right-hand side of the victim's D(33 ) which was sent to the left-hand turn after receiving the right-hand turn-hand turn-hand turn-hand turn-hand turn-on from the room at the seat of the right-hand Eup at the time-man-ew-ew-ew-ew-on.

As a result, the victim suffered injury to salt, tensions, and tensions of the bones of wood that requires medical treatment of about 2 weeks.

Summary of Evidence

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

1. A medical certificate;

1. To inquire into the results of on-site photographs, the statement report on the situation of the driver under the influence of alcohol, and the application of Acts and subordinate statutes to the survey report on actual condition at the time of initial action

1. Relevant Article of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Articles 148-2(2)2 and 44(1) (the point of drinking) of the Road Act concerning criminal facts, Article 3(1) and the 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 selection of fines, respectively;

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 and Article 50 of the Criminal Code [the punishment shall be added] for concurrent crimes.

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