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Reasons
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(영문) 대구지방법원 2015.05.29 2015고정699
교통사고처리특례법위반등
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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 B-End-Wurt Motor Vehicle.

1. On February 21, 2015, at around 01:45, under the influence of alcohol of 0.139% of the blood alcohol content, the said vehicle driven the said vehicle and proceeded at the speed of about 50 kilometers per hour from the direction of the New-ro, New-ro, New-ro, 2015 to the direction of the amnese distance from the direction of the mountain intersection located in 1519-10, Busan-gu, Busan-gu.

Since there are many places where traffic flow is frequent, there was a duty of care to check the safety of the course by checking well the right and the right of the driver of the motor vehicle.

Nevertheless, the Defendant neglected to do so and went through a three-lane distance from the direction of the C, which is driven by the victim C, driving three-lanes from the direction of the C, and received the front part of the D, driving the D, which is front of the right side of the above vehicle.

As a result, the Defendant suffered brain-dead symptoms that require approximately two weeks of medical treatment from the victim due to the above occupational negligence.

2. Driving the said vehicle under the influence of alcohol content 0.139% in blood alcohol concentration on the front of the State bond compensation park located in Daegu-gu, Daegu-gu, as in the preceding paragraph of the Road Traffic Act, on the road at the front of the State bond compensation park, which is located in the same-sex zone as in the preceding paragraph of the same Act.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A written diagnosis for C;

1. Application of Acts and subordinate statutes to reports on the occurrence of traffic accidents, actual survey records, and reports on the occurrence of driving accidents;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents by the Selection of Punishment, Article 268 of the Criminal Act, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and the choice 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 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The Criminal Procedure Act;

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