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(영문) 대구지방법원 2018.09.28 2018고정738
교통사고처리특례법위반(치상)등
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who drives a K5-car vehicle B.

A. On April 20, 2018, around 04:56, around 04:56, the said vehicle driven approximately 3.5 km to the roads adjacent to the Republic of Korea, located in the same Nowon-gu, Daegu apartment house located in the Dongcheon-dong, Daegu, Nowon-gu, while under the influence of alcohol content of 0.097%.

B. In such a case, D gas stations located in Daegu Northern-gu C were driven in front of the gas station located in Taenam-gu, by approximately 60 km in speed from Taenam-do to the one-lane of the balth parallel parallel.

In this case, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle while accurately operating the steering gear and steering gear.

Nevertheless, the Defendant neglected to drive the center by negligence and caused the center separation to be a road in front of the left side of the Defendant’s vehicle, which is destroyed by a road adjacent to the central separation spons, so that the Defendant fell off to the victim E (72 tax) who passed two-lanes from the front side of the Thai Bridge to the two-lanes of the front side of the Thai Bridge.

The Defendant suffered two copies of the injury requiring the injury during the treatment period due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

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

1. Application of Acts and subordinate statutes to the detailed statement report and investigation report on the situation of the driver who is placed in the main place;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning the facts constituting an offense, Article 268 of the Criminal Act, Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act (the point of drinking alcohol driving);

1. Selection of each alternative fine for punishment;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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