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(영문) 대구지방법원 포항지원 2016.01.29 2015고정539
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

On September 22, 2015, the Defendant, as the cargo driver B, was driving the above cargo while under the influence of alcohol level of 0.050% in blood around 21:10 on September 22, 2015, while driving the above cargo at the speed of 0.050%, and driving the vehicle at the speed of two lanes towards the port of port from the Yeongdeungpo-gu side, and changing the lane into two lanes.

In such cases, the defendant has a duty of care to notify the direction change prior to the change of the lane and to ensure the safety of the road and the safe change of the lane.

Nevertheless, the Defendant neglected to do so and did not discover a D'a car driven by the victim C (33 3 cc, inn) who was driving in the two-lane as it was due to the negligence of changing the lane, and received the front gate part of the damaged vehicle with the front right side of the damaged vehicle.

The defendant's negligence in the course of performing his duties caused the injury to the driver of the damaged vehicle and three persons such as E (30) and F (24) such as the driver of the damaged vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Each written opinion of diagnosis;

1. A traffic accident report, a statement of the circumstances of a driver driving, a notification of the results of crackdown on the driver driving of drinking, an inquiry into the results of crackdown on the driving of drinking, and a survey report on actual condition;

1. The application of Acts and subordinate statutes to the investigation report (patch No. 44);

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning the facts constituting an offense, Article 268 of the Criminal Act, Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act (the point of driving under influence of alcohol);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. If the Defendant’s drinking value for the reason of sentencing of Article 334(1) of the Criminal Procedure Act was less than 0.050%, it is impossible to punish the Defendant if the Defendant’s drinking value was less than 0.01%.

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