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(영문) 대구지방법원 2019.05.08 2019고단755
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

1. On November 21, 2018, the Defendant was driving a two-wheeled vehicle under the influence of alcohol concentration of about 4km up to 0.094% prior to the exit road located in the same new cancer Dong-dong located in Daegu-gu, Daegu-si, on the lower-class road of the Don-dong, Daegu-gu, Daegu-si, at a level of about 0.094% of blood alcohol content.

2. The Defendant violated the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) was driving the said two-wheeled vehicle under the influence of alcohol as above at the time stated in paragraph (1) and driving the said three-lane road in front of the exit No. 4 on the Abando road from the Abando road to the high-speed distance from the Abando road, along the three-lane road.

In such a case, the driver of a two-wheeled vehicle has a duty of care to properly operate and operate the steering direction and brakes with a view to the operation of the two-wheeled vehicle as seen above, but the defendant was negligent in driving the vehicle by neglecting to operate the mobile phone that he had been in his possession under the influence of alcohol and neglecting to do so, and the defendant did not stop the remainder of the driver's DNA bus which was stopped at the three-lane prior to the Defendant's running direction and received the rear part of the above two-wheeled vehicle as the front part of the above two-wheeled vehicle.

The Defendant got injury to the victim E (V, 17 years old) who was on the back of the above two-wheeled vehicle due to such occupational negligence, such as febrate febrate febrates No. 3, which requires approximately 10 weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A report on the occurrence of traffic accidents;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

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

1. 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 Crimes, Article 268 of the Criminal Act, Article 148-2 (2) 3 of the Road Traffic Act, and Article 148-2 (2) of the Road Traffic Act, respectively;

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