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(영문) 대구지방법원 포항지원 2020.01.22 2019고정250
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 the B-learning car volume.

1. Around 04:00 on September 28, 2019, the Defendant, while driving the said vehicle under the influence of alcohol concentration of 0.160%, was driving the said vehicle in the north-Gu C at one time at one time and driving the said vehicle in the north-gu at one time, and driving the road in front of the D convenience point at one time from the side of the E University to three-lanes of the Msan History distance.

In such a case, there was a duty of care to prevent accidents by accurately manipulating the former and the right and the right and the right and the right and the right and the right and the right and the right and the right of operation.

Nevertheless, the Defendant neglected to drive the vehicle as it is, instead of neglecting it, led the part of G 10-year-old G 50-year-old G 50-year-old driving of the victim F (ma, 59 years-year-old) in the front direction of the vehicle.

The Defendant, due to the above occupational negligence, suffered from the injury of the victim F and the victim H (ma, 61 years old), who is the driver of the above damaged vehicle, such as salt, tension, etc. in need of treatment for about two weeks.

2. The Defendant violated the Road Traffic Act (driving a sound driving) in accordance with the foregoing paragraph 1, while under the influence of alcohol of 0.160% by blood alcohol concentration, driving approximately 3 km from the roads before J to the roads before D convenience points.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

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

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

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 (a point of sound driving);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;

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