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(영문) 대구지방법원 2015.01.30 2014고정2855
교통사고처리특례법위반등
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 is engaged in driving of B Poter cargo vehicles.

On October 1, 2013, at around 20:10, the Defendant driven the above cargo while under the influence of alcohol of 0.088% with a blood alcohol concentration of 0.08%, and driven the two-lanes between the 3-lane and the 5-lane distance from the fest distance towards the new south.

Since the distance from movable property to be achieved in the middle-gu Seoul metropolitan area is where a signal, etc. is installed, a person engaged in driving service has a duty of care to drive safely in accordance with the signals by reducing speed and checking the right and the right and the right.

Nevertheless, due to negligence that is directly attributable to the red signal, which is the stop signal of the vehicle, the victim C(54 years old) who is directly in the right side from the left side of the flow direction of the cargo vehicle of the defendant, has the front side of the cargo vehicle of the defendant, which is the front side of the cargo vehicle of the defendant.

Ultimately, the Defendant suffered from the injury of the victim, such as the duplicating duplicating fage, which requires approximately five weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. A medical certificate;

1. Application of Acts and subordinate statutes of a report on detection;

1. Relevant provisions of Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act (the point of sound driving), Article 3 (1), the proviso of Article 3 (2) 1 and 8 of the Special Cases for Handling Traffic Accidents, Article 268 of the Criminal Act, the selection of fines for each crime;

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;

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