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(영문) 대구지방법원 포항지원 2013.06.21 2013고정306
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of 6 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a observer car B.

1. Around 02:35, on April 2013, the Defendant driven the said vehicle from the front day of the south-gu Interscopon-dong Interscopon-do Interscopon-do Interscopon-road to the front day of the same Sinsan-dong-dong-dong-dong-dong-si, under the influence of alcohol content 0.191%.

2. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents, while under the influence of alcohol by 0.191% at a time as set forth in paragraph (1), driven the said car at a point of 40 kilometers at a restricted speed, driving the said car on the road front of the landing distance in the north-gu, Seosan-dong, Seosan-dong at the port at a point of 40 kilometers at the restricted speed, and driving it on the direction of the Seosan-dong

Inasmuch as the vehicle is behind the vehicle in the same direction as at that time, a person engaged in driving service has a duty of care to ensure and proceed with safety distance that can be avoided when the vehicle stops.

Nevertheless, the Defendant was negligent in driving the vehicle in the vicinity of the vehicle due to the negligence of driving the vehicle in the vicinity of the vehicle, and was found to be late before the victim C (the age of 58) waits for the traffic of the vehicle in front of the same direction, but did not stop, and received the back part of the damaged vehicle with the front part of the vehicle.

As a result, the Defendant suffered injury to the victim due to the occupational negligence as seen above, such as salt panion requiring approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared in C;

1. Report on detection of a host driver and report on the circumstances of a host driver;

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

1. Article 3(1) and the 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)2 of the Road Traffic Act and Article 44(1) of the Road Traffic Act concerning criminal facts, Article 3(1) and (2)2 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, and Article 1

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