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(영문) 대구지방법원 2017.07.21 2017고정1158
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of Csch Rexton vehicles.

On April 17, 2017, the Defendant driven the foregoing vehicle while under the influence of alcohol level of 0.104% from blood alcohol level around 09:30 on Apr. 17, 2017, and led the front of the Daegu-gu D road to the four-distance away from the four-distance bank in front of Daegu-gu.

In this case, the driver had a duty of care to prevent accidents in advance by accurately manipulating the steering direction and brakes while maintaining the safety distance.

Nevertheless, the Defendant neglected this and stopped the red signal signal, etc. of the victim E (59 ) drive, which was driven by the negligence while under the influence of alcohol, and stopped the red signal, etc. to the fronter and fences of the Defendant’s vehicle. The Defendant received the fronter and fences of the fronter on the right side of the Defendant’s vehicle.

Ultimately, the Defendant suffered injury to the Victim E and the victim G (V, 48 years old), who is the passenger of the victim’s vehicle, due to the foregoing occupational negligence, for approximately two weeks of light fluorial care.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol (short traffic) made by the police to E;

1. G traffic accident-related statements;

1. Each written diagnosis;

1. A report on the occurrence of a traffic accident, on-site photographs, and a survey report on actual condition;

1. Application of Acts and subordinate statutes to report the circumstantial statement of a driver driving and notify the results of regulating drinking driving;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents applicable to the facts constituting an offense, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents (the point of driving alcohol) concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (only between the crimes of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents);

1. Selection of each alternative fine for punishment;

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;

1. The Criminal Procedure Act of the Provisional Payment Order.

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