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(영문) 대구지방법원 김천지원 2015.05.14 2015고정88
교통사고처리특례법위반등
Text

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

Where the above fine is not paid, one million won shall be converted into one day.

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person engaging in driving a Bio car.

On November 22, 2014, at around 03:30, the Defendant was under the influence of blood alcohol concentration of 0.133%, and was under the influence of the blood alcohol concentration of 0.13%, and was under the influence of Yocheon-si, Kimcheon-si’s Yellow-si in the Hancheon-si, Kimcheon-si.

Since there was a distance from which traffic control is not performed, there was a duty of care to check whether or not a vehicle, etc. is cross-sectioned by checking the front side and the left side and the right of the person engaged in driving service and drive it.

Nevertheless, the Defendant, under the influence of alcohol as above, went through a triarche-off from the Yellow-dong room to a triarche-off by occupational negligence, and the left-hand door of the victim C(33 years old) driving Maz-off conflict with the driver in front of the left-hand part of the No.M. car.

As a result, the Defendant suffered injury to the victim, such as brain salvins, which requires approximately two weeks of medical treatment due to the above occupational negligence.

2. On November 22, 2014, at around 03:30, the Defendant driving a scenario car under the influence of alcohol of about 0.13% of blood alcohol concentration at a section of about 1km from the front of the open opening in the Peacedong in Kimcheon-si to the yellow Pulon distance in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A traffic accident report, a report on the occurrence of a traffic accident, the status of driving, the state of standing, on-site photographs, and a actual condition survey report;

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

1. Relevant legal provisions concerning criminal facts, 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 the Selection of Punishment, Article 268 of the Criminal Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, and the selection of fines;

1. Of concurrent crimes, punishment under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall be imposed.

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