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(영문) 대구지방법원 의성지원 2017.06.22 2017고단132
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

1. On April 1, 2017, the Defendant was under the influence of 0.114% alcohol level from the 70km section to the top-down line at 163.8km in the front line at the seat of the Cheong-gun-gun in the Cheong-gun of the Cheong-gun of the Cheong-gun of the Cheong-gun-gun of the Cheong-gun of the Cheong-gun Highway, the Defendant of violation of the Road Traffic Act (drinking) driven BMW car under the influence of alcohol level of about 70km.

2. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in BMW passenger car business.

On April 1, 2017, the Defendant, at around 11:45, operated a 163.8 km line from the top-down line at the seat of the Sindong Highway, Jin-gu, Seoul, which is the organization of the North Cheong-gun's leader, to the territorial morals.

In such cases, a person engaged in driving duty has a duty of care to prevent accidents and safely drive the steering gear and brakes by accurately operating the steering gear and brakes.

Nevertheless, the defendant was negligent in neglecting sobrea and caused a collision between the center and the left-hand side of the car due to his negligence, which led to the collision of the car at the left-hand side, and the car of the defendant who was under the influence of alcohol was driven along the car of the defendant.

C Driving's D's D's low cost of driving was ordered to suspend it rapidly in order to avoid conflicts between Defendant's vehicle and passenger vehicle strikes.

Defendant E (35 years old) who was the head of the operation of the car at the above motherhouse due to the above occupational negligence, suffered from the injury of the need for approximately two weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the occurrence of a traffic accident, a survey report on actual condition, and on-site photographs;

1. Making a report on the circumstances of the driver involved in driving and inquiring about the results of crackdown on drinking;

1. Response to a request for appraisal;

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

1. Article 3(1) and proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant criminal facts, Article 268 of the Criminal Act (the occupation of occupational and dental duties, the choice of fines), and Road Traffic Act.

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