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(영문) 대구지방법원 서부지원 2020.01.08 2019고단1806
교통사고처리특례법위반(치상)등
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Defendant shall be punished by a fine of seven million won.

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

Reasons

Punishment of the crime

1. A person who violates the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving service of B 125cc B;

At around 16:40 on June 17, 2019, the Defendant driven the above Orala while under the influence of alcohol with 0.092% of alcohol concentration 0.092%, and continued three lanes of three lanes in front of the D convenience point in Daegu-gu, Seo-gu, about a speed of about 50 kilometers.

A person engaged in driving service has a duty of care to prevent accidents by accurately manipulating the steering direction and brakes.

Nevertheless, the Defendant, under the influence of alcohol as above, went through a two-lane change into a three-lane vehicle due to the negligence of operating a vehicle in the front of the body, which is parked in the three-lane, and the part of the FM3 vehicle driving in the same direction as the victim E(V, 62 years old) driving in the same direction, conflicts with the front part of the Defendant.

The Defendant suffered an injury to the above victim due to the above occupational negligence, such as the left-hand sleep, which requires approximately two weeks of treatment.

2. The Defendant, while under the influence of alcohol leveling 0.092% of the blood alcohol level at the same time as the above 1.5 meters of the Road Traffic Act, was driven by the Defendant at approximately approximately 1.5 km in front of the D convenience point in the location of the Daegu Western-dong, Seogu (Seoul) in front of the same Gu C convenience point.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A report on investigation;

1. Investigation report on the actual condition, the results of the drinking driving control, the circumstantial statement of a drinking driver, and the results of the drinking control;

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

1. Article 3(1), proviso of Article 3(2)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 former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); and each of them.

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