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(영문) 대구지방법원 서부지원 2016.05.20 2016고단396
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 the operation of B Lastren motor vehicles.

1. Around 08:00 on January 10, 2016, the Defendant driven the said rocketing car under the influence of alcohol content of about 2km from around the 2km section from the 1stm to the D road located in Daegu Seo-gu, Seogu, Seo-gu, Seoul Special Metropolitan City to the 0.085% alcohol level.

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 rocketing car at the border of the day indicated in the preceding paragraph, and driving the road of five lanes in front of the D in Daegu Seo-gu, Seo-gu, into the four-lane four-lane four-lane four-lane four-lane four-lane four-lane four-lane four, and changed the course to five-lane.

In such a case, the driver has a duty of care to operate direction direction, etc. to give notice of change of course, and to change lanes in order to make the traffic situation before and after the driving.

Nevertheless, under the influence of alcohol, the Defendant neglected it and thereby changed the way to the right side of the Defendant’s vehicle into the front side of the Defendant’s vehicle, thereby obtaining the front left side part of the victim E (69 years old) drive FCA110 Obaon, which was in the right side of the Defendant’s vehicle.

As a result, the Defendant suffered injury, such as cutting the body copy on the left side, which requires approximately six weeks of medical treatment 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 survey report on the actual condition, a report on the detection of a driver engaged in the primary business and a report on the circumstances of the driver engaged in primary business;

1. A medical certificate;

1. Application of Acts and subordinate statutes governing accident scene photographs;

1. Relevant legal provisions concerning criminal facts, Article 3(1) and proviso to Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, Article 148-2(2)3 of the Road Traffic Act, and Article 44(1) of the Road Traffic Act, and the selection of fines;

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.

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