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(영문) 대구지방법원 2020.06.24 2020고단1420
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a Bchip car.

On February 16, 2020, the Defendant driven the said car with a blood alcohol concentration of 0.156% around 02:35, while under the influence of alcohol, and continued to drive the said car in front of the 170-day road to the university at Gyeong-si, Myeong-si.

At the time of night and where the passage of a motor vehicle is frequent, there was a duty of care to prevent accidents in advance by driving the motor vehicle driving person with a duty of care by properly operating the steering and steering the steering and steering system well, and operating the steering and steering system accurately.

Nevertheless, under the foregoing circumstances, the Defendant was under the influence of alcohol and was negligent in proceeding, and the part of the part concerning the rear part of the victim C(31 years old) driving, which was temporarily parked in the signal atmosphere from the front section of the car.

Ultimately, the Defendant suffered injury to the said victim and the said victim E (the age of 31) who was aboard the said victim’s vehicle due to the foregoing occupational negligence, such as salt, tension, etc. of the bones requiring treatment for about two weeks, respectively. On the same date, at the above time and at the above place, the Defendant driven a franchis vehicle while under the influence of alcohol content of 0.156%.

Summary of Evidence

1. Statement of each of the accused in court;

1. A report on the occurrence of a traffic accident, a actual condition survey report, an accident site photograph, etc.;

1. Each report on the results of the control of drinking driving, each report on the state of drinking drivers, and the register of driver's licenses;

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

1. Article 3 (1) and the proviso of Article 3 (2) of the Act on Special Cases concerning the Handling of Traffic Accidents by Relevant Acts concerning criminal facts, Article 268 of the Criminal Act, Article 148-2 (3) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act (the point of a sound driving);

1. Among the crimes of violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents in Articles 40 and 50 of the Commercial Concurrent Crimes and the circumstances are added.

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