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(영문) 대구지방법원 의성지원 2016.01.14 2015고정85
교통사고처리특례법위반등
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. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in driving service of B Poskers Passenger Vehicles.

On July 25, 2015, the Defendant driven the above-mentioned vehicle with alcohol content of 0.163% at around 19:15, while under the influence of alcohol, and led to the rapid exhaustion of the local highway street No. 79 in the vicinity of the access road to the D cafeteria located in the Gyeongbuk-gun C in the Gyeongbuk-gun.

At the time, the point of accident is almost one local side of the one-lane, and in the case of a utility operator on the side side, the driver has a duty of care to accurately operate steering system, brakes and other devices, and not to drive it at a speed or in a manner that interferes with other people according to the traffic conditions of the road and the structure and performance of the vehicle.

Nevertheless, under the influence of alcohol, the Defendant neglected to operate it so as to prevent it, and the utility pole on the right side of the road conflict with the front part of the vehicle on the right side.

As a result, the Defendant suffered approximately seven weeks of offline body, etc. from E (V, 41 years of age) who was accompanied by the head of the foregoing vehicle under the occupational negligence as above.

2. On July 25, 2015, the Defendant was under the influence of alcohol content of 0.163% in blood on July 19:15, 2015, and driving the said vehicle at approximately 800 meters at a level of 800 meters on the access road to the D cafeteria located in C, starting from the upstream of the 2nd west-gun of the Gyeongnam-gun, the Southern-gun, the Southern-gun, the Southern-gun, the west-gun, the west-gun, the west-gun,

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Notification (A) of the results of the crackdown on the driving of alcohol and a statement in the circumstances of the driver;

1. On-site photographs;

1. Application of Acts and subordinate statutes (E);

1. Relevant Article 3(1) and proviso of Article 3(2)8 of the Act on Special Cases Concerning the Settlement of Traffic Accidents According to the Act and Special Cases Concerning the Selection of Punishment, Article 268 of the Criminal Act (the occupational and practical occupation, the choice of fines), Article 148-2(2)2 of the Road Traffic Act and Article 44(1) of the Road Traffic Act (the occupation of drinking driving, the choice of fines).

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