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(영문) 대구지방법원 김천지원 2019.10.15 2019고정243
교통사고처리특례법위반(치상)등
Text

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

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

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person engaged in driving service BVL125 124cc.

On May 12, 2019, at around 17:20, the Defendant driven the otoba while under the influence of alcohol of 0.177%, and driven the oba, leading up to the D cafeteria in Kimcheon-si C, leading to the lecture park from the right side of the early park.

In this case, the driver of the motor vehicle has a duty of care to safely drive the motor vehicle without entering the one-way road according to the traffic safety facility sign or signal instruction.

Nevertheless, the defendant neglected this and got the front part of the bicycle driven by the victim E (year 74) who was driving a bicycle normally on the side of the mast when the defendant got a bicycle due to the negligence of entering a one-way road and driving reversely.

Ultimately, the Defendant suffered injury to the above victim, such as sprinking sprinks, sprinking sprinks, sprinks, etc., which require approximately two weeks of treatment due to the above occupational negligence.

2. Violation of the Road Traffic Act (LL125 c 124cc, while under the influence of alcohol in the section of about 3 km of approximately 0.177% of alcohol in blood at the section of about 3 km from the roads near the F apartment in Kimcheon-si to the roads front of the D cafeteria located in the same city as paragraph (1) of this Article.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the occurrence of E traffic accidents;

1. Making a report on the control of drinking driving;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes to report internal investigation (Attachment of a medical certificate);

1. Article 3(1), proviso of Article 3(2)1 and 8 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 16037 of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018).

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