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(영문) 대구지방법원 김천지원 2013.09.26 2013고정408
교통사고처리특례법위반등
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Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving B wheels.

1. At around 20:30 on May 7, 2013, the Defendant: (a) while under the influence of alcohol of 0.135% of the blood alcohol concentration at the convenience store of 24 U.S. Si-si, Sinsi-si, the Defendant driven the above-wheeled vehicle, which led to the central market room from the old U.S. bank.

In this case, the defendant, who is engaged in driving of a motor vehicle, has a duty of care to safely drive the motor vehicle by checking the safety of the course and accurately operating the operation and steering gear.

Nevertheless, the Defendant neglected to do so, and due to the negligence of driving it, received C (the age of 78) who was gleeped in the front side of the two-wheeled vehicle.

As a result of the above, the Defendant suffered injury to the victim, such as cerebral alky, in detail, requiring treatment for about two weeks.

2. The Defendant was under the influence of alcohol with a blood alcohol content of 0.135%, while driving the said two-wheeled vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. E statements;

1. A report on the occurrence of a traffic accident, a traffic accident report, and photographs;

1. Application of Acts and subordinate statutes to reports on the statement of the state of a drinking driver, reports on the state of a drinking driver, and records of the control of drinking driving;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents by the Selection of Punishment, Article 268 of the Criminal Act, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and the choice of fines;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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