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(영문) 대구지방법원 2018.08.16 2018고정523
교통사고처리특례법위반(치상)등
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

The Defendant is a person who drives a freight vehicle B.

1. On March 2, 2018, the Defendant driven the said vehicle under the influence of alcohol content of 0.102% in blood, while driving the said vehicle, with approximately 10km from the front of the apartment complex, to the road near the Hegwon-dong in Daegu-gu, Nowon-gu, Nowon-gu, Seoul-gu, in a manner of under the influence of alcohol by around 15:30 on March 2, 2018.

2. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) proceeded, as described in paragraph 1, with a road near the Jinanwon-dong in Daegu North Korea, from the end of the pedal to the end of the 20-30km of speed from the end of the pedal to the end of the chill of the mountain.

Since the location is a place where traffic flow is frequent, a person engaged in driving duties of a motor vehicle has a duty of care to check the safety of course by checking well the left and left.

The Defendant, while under the influence of alcohol, was negligent in neglecting his/her duty to care in the front of the Victim C Driving in the same direction and was negligent in proceeding with the Defendant, and received the back part of the Victim C Driving 3 in the front of the same direction as the front part of the said Lone Star Co.

Ultimately, the Defendant suffered approximately two weeks of her occupational negligence from a salt fluoral fluor, which requires medical treatment to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A survey report on actual conditions;

1. Written inquiry about the result of regulating drinking driving (written inquiry about the result of the second drinking test);

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

1. Relevant Article of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Articles 148-2(2)2 and 44(1) (the point of drinking) of the Road Act concerning criminal facts, Article 3(1) and the proviso of Article 3(2)8 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of fines, respectively;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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