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(영문) 대구지방법원 상주지원 2015.10.27 2015고정163
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

A. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving of a passenger car in B test.

On August 8, 2015, at around 19:30, the Defendant driven the above vehicle while under the influence of alcohol 0.126% of alcohol level, and led the small and medium-sized bank paths on the public seat salt dynasium at the time of permanent display from the cryp dynasium side of small and medium hynasium.

At all times, since there is a concrete packaging road for one-lane without a central line, the driver of the motor vehicle has a duty of care to safely operate the brake and steering gear in a clear mental state and prevent the accident from occurring.

Nevertheless, the Defendant neglected this and found the victim C (ever 55 years old) who boomed the road on the right side while under the influence of alcohol due to the negligence of wrong operation of the Hand on the right side while under the influence of alcohol, delayed detection of the victim C (ever 55 years old) who boomed the road on the left side, but did not avoid the collision, but did not go beyond the part of the victim's blick part on the right side of the Defendant's vehicle.

Ultimately, the Defendant suffered injury to the victim C, such as salt, tension, etc. in need of approximately three weeks of treatment by occupational negligence as above.

B. Around 19:30 on August 8, 2015, the Defendant was driving a motor vehicle under the influence of alcohol level of approximately 500 meters from a section of approximately 500 meters to a small and medium bank, which is located in D at the time of stay, with a blood alcohol level of at least 0.126%.

Summary of Evidence

1. Partial statement of the police suspect interrogation protocol of the accused (a statement that the accused driven the police suspect while drinking);

1. Statement to C by the police;

1. The actual condition survey report;

1. The circumstantial statement of the employee;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Handling of traffic accidents under relevant Articles of the Act and selective punishment concerning facts constituting an offense;

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