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(영문) 대구지방법원 2013.07.25 2013고정1367
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

As a daily worker, the Defendant was driving a car with B gallon as a job.

1. On April 28, 2013, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”), when driving the said car on April 13, 2013 to the Dong-gu Culture Center, which is in Fungdong-gu, Daegu-gu, Daegu-gu., the Defendant led the victim C (the age of 65) driver to drive the Do-dong Culture Center.

Anyone shall be prohibited from driving under the influence of alcohol, and has a duty of care to maintain a safe distance from which he/she may see well the situation of the front vehicle.

Nevertheless, due to the negligence of driving without maintaining the safety distance under the influence of alcohol, the part behind the damaged vehicle that stops in the signal air with the front part of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the latter and then the latter collisioned with the FDamabb of the victim E(48 years old) that stopped later.

Accordingly, the Defendant suffered, from occupational negligence, the injury to the victim C, such as dives incopic styplate, which requires approximately 2 weeks of treatment to the same victim E, scopic dive base, and scopic fright, which requires approximately 2 weeks of treatment to the F vehicle passengers G.

2. While under the influence of alcohol by the Defendant, the Defendant driven a distance of about 10 meters from the front side of the wing village amusement park, which is located in the same Dong-dong, Daegu-gu, to the same Dong-dong located in the same Dong-dong, where it is impossible to identify the trade name adjacent to the said car, under the influence of alcohol level of 0.163 percent of alcohol level at that time.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The police statement of C and E;

1. A report on detection of a host driver;

1. The circumstantial statement of the employee;

1. The actual condition survey report;

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

1. Each relevant Article of the Act concerning criminal facts;

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