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(영문) 대구지방법원 서부지원 2020.02.13 2018고정704
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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 of a small-sized car B.

1. The Defendant violated the Road Traffic Act at around 23:40 on July 31, 2012, while under the influence of alcohol content 0.207%, driving a B B B-T car while under the influence of alcohol content 0.207%.

2. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”) by driving the said vehicle as a temporary work at a location set forth in the foregoing paragraph (1) and driving a vehicle at a distance of approximately one meter for delivery in front of

Any person who is engaged in driving of a vehicle shall accurately operate the steering system, brakes and other devices of the vehicle, and shall not drive the vehicle at a speed or in such a manner that may cause any danger and impediment to others, depending on the road traffic conditions and the structure and performance of the vehicle.

Nevertheless, while the defendant neglected to do so, the defendant caused an accident that contacts the knee part of the victim D (year 59) who had taken over the defendant's vehicle following the defendant's vehicle.

As a result, the Defendant suffered injury to the victim due to the negligence in the above business, such as fluoral salt, which requires treatment for about two weeks.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. A traffic accident report, a statement on the circumstances of the driver, a report on detection of the driver, and a traffic accident report;

1. Application of Acts and subordinate statutes to a report on investigation (related to attachment of a medical certificate);

1. Relevant Article of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Articles 148-2 (2) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018); Article 3 (1) and proviso to Article 3 (2) 8 of the Act on Special Cases Concerning the Settlement of Traffic Accidents; Article 268 of the Criminal Act; Selection of fines for each of the following:

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The Criminal Procedure Act;

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