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(영문) 대구지방법원 2014.07.10 2014고정1267
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a driver of a passenger vehicle B, sod, B. A.

On March 18, 2014, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents, operated a straight distance in the direction of the Youngdae-gu from the direction of the Yong-Nam-dong located in the Dong-si of Busan Metropolitan City around 22:20.

The driver of any motor vehicle has a duty of care to prevent anyone from driving his/her motor vehicle at a speed and in a manner that may cause any danger and impediment to others according to the traffic conditions of the road by accurately manipulating the steering system, brakes, etc. of the motor vehicle

그럼에도 전방을 잘 살피지 않고 운전한 잘못으로 영남대 정문방향에서 영대오거리 방향 편도3차로 도로의 1차로에 신호대기 중인 피해자 C(45세)운전의 D 스포티지 승용차량의 뒤 범퍼부분을 피의차량 앞 범퍼부분으로 추돌하여 스포티지 승용차가 앞쪽으로 튕기면서 신호대기 중인 피해자 E(39세)운전의 F 아반떼 승용차량과 피해자 G(45세)운전의 H 승용차량을 순차적으로 들이받게 하였다.

As a result, the victim E suffered injuries to the throde, the throde, the salt of trees, etc., and the victim C in need of approximately two weeks of treatment.

B. In the case of the violation of the Road Traffic Act (driving)(A), the said vehicle was driven under the influence of alcohol concentration of about 500 meters from the drinking house to the place of the accident at which it was found that it was located in the light of the foregoing provision, while under the influence of alcohol level of 0.127%.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of C, E, and G;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. Application of Acts and subordinate statutes of each written diagnosis;

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

1. Commercial concurrence;

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