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(영문) 대구지방법원 2017.03.22 2017고정94
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

1. On October 11, 2016, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven B K5 car with alcohol content of 0.107% in blood around 13:20, while under the influence of alcohol during the influence of around 0.107%, and led the Defendant to proceed two-lanes from the Daegu Po-si Highway (Seoul Po-si Highway), the 49km parallel line at the speed of the Sincheon-si (Seoul Po-si) to the port protection area at the port in Daegu.

In this case, the driver has a duty of care to prevent accidents by accurately manipulating the steering direction and brakes well, and accurately manipulating the steering direction and brakes.

Nevertheless, under the influence of alcohol, the Defendant received the back portion of the victim C(23 3) K5 passenger car running ahead of the same direction as the Defendant’s driver’s vehicle, thereby causing injury to the victim E (67 years) and the victim F (62 years old), who is the victim’s passenger, by occupational negligence, to the victim E (67 years old) and the victim E (62 years old) for about two weeks of medical treatment.

2. The Defendant violated the Road Traffic Act (drinking driving) driven B K5 cars while under the influence of alcohol leveling 0.107% from the blood alcohol level at approximately 70km in front of the other parallel distance in Seo-gu, Seo-gu, Daegu at the time of the day described in paragraph (1) to the above accident scene.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Each written diagnosis and written estimate;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Application of the Act and subordinate statutes on actual condition survey reports and field photographs;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning 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 same Act concerning the driving of alcohol;

1. Articles 40 and 50 (Punishment provided for in the Act on Special Cases concerning the Settlement of Traffic Accidents between Crimes of Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and Punishment for Crimes of Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims E with the largest criminal situation) of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment;

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