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(영문) 대구지방법원 경주지원 2012.07.05 2012고정142
교통사고처리특례법위반등
Text

A fine of two million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who drives a small private taxi owned by himself.

1. Around 17:00 on March 31, 2012, the vehicle was driven at a distance of approximately 1.5km from the front side of the Dongcheon-dong Pungdong Kung-dong Kung-si to the front side of the same white range, on the condition of alcohol concentration of 0.098% from blood alcohol level.

2. On March 31, 2012, around 17:00 of violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents, the roads, at the entrance of the Yacheon-dong, Dongcheon-dong, Dongcheon-si, Dongcheon-si, were driven at a shot-do level with a sloping distance protection.

The location was two-lanes in which a yellow solid line of a two-lane is installed, so in this case, a person engaged in driving service has a duty of care to thoroughly see the front city and safely proceed along his own lane to prevent various traffic accidents.

Nevertheless, there was a conflict between the driver's flag and the driver's flag part of the damaged C flag, which was in the signal atmosphere, with the front part of the vehicle at the time of the police box, in excess of the central line as it is, and the front part of the vehicle.

As a result, the driver D(23 years of age) of the damaged vehicle suffered from various injuries, such as diversified typiles, which require two-day medical treatment for each passenger E(23 years of age).

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of D police statement;

1. A medical certificate;

1. A report on detection of a host driver;

1. Application of Acts and subordinate statutes to the actual survey report;

1. Article 3 (1), the proviso of Article 3 (2) and Article 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 3, and Article 44 (1) of the Road Traffic Act (the occupation of drinking driving and the selection of fines) concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and Selection of Fines);

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;

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