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(영문) 대구지방법원 2014.01.09 2013고단6536
교통사고처리특례법위반등
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. Around 20:20 on November 13, 2013, the Defendant was driving a bred vehicle under the influence of alcohol with a blood alcohol content of about 0.130% from a 20-meter section from the front of a restaurant where it is impossible to know the trade name in the Pyeong-dong in Busan-si, Busan-si to the front of the deteel Contracting in the same Dong to the 20-meter road in the same Dong.

2. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving a B-hand vehicle.

At the date specified in paragraph (1), the Defendant driven the said car under the influence of alcohol, as stated in paragraph (1), and turned the road front of the dedele pharmacy in the Gyeongsi-dong of Busan Metropolitan City, into the Handong apartment zone from the direction of the park, and brought the road behind the parking.

In such cases, there was a duty of care to check whether a person engaged in driving of a motor vehicle has a motor vehicle in front and safely drive the motor vehicle to prevent the accident in advance.

Nevertheless, the Defendant neglected this and received the front part of the vehicle driving by the victim C, who was under the influence of alcohol, from the next by negligence and later, the front part of the vehicle driving by the victim C, as the front part of the vehicle driving.

As a result, the Defendant suffered injury to the victim, such as an infection in need of medical treatment for about two weeks due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A report on detection of a host driver;

1. The circumstantial report of an employee;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1), the proviso of Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act concerning the crime (the point of driving sound and the selection of fines);

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

1. Articles 70 and 69 of the Criminal Act for the confinement of a workhouse.

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