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(영문) 대구지방법원 2013.06.19 2013고정1074
교통사고처리특례법위반등
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who drives a vehicle B for riding.

1. On March 22, 2013, the Defendant violated the Act on Special Cases concerning the Settlement of Traffic Accidents: (a) driven the said vehicle with blood alcohol concentration of 0.181% at a drinking level; (b) led the Defendant to the live-dong home pluging side of the live-dong Bridge at a three-lane crossing of the northwest-gu liver zone in the Daegu-gu liver zone at a non-speed speed.

In such cases, a person engaged in driving service has a duty of care to prevent accidents by accurately manipulating the steering direction and brakes and accurately.

Nevertheless, due to the negligence of neglecting this, the part concerning the rear part of the victim C(46 years old) driver's Karen vehicle, which was in the signal atmosphere at the same time, was shocked with the front part of the said small-scale driver's vehicle.

Ultimately, the Defendant suffered injury to the victim, such as satisfinal satch in need of treatment for about one week due to the above occupational negligence.

2. Around 01:02 on March 22, 2013, the Defendant used approximately 1km from the front of a original restaurant near the Newcheon-dong Station in Daegu-gu, Daegu-dong to the northwest-dong area of Daegu-dong, the Defendant driven the said small-type vehicle under the influence of alcohol by 0.181% in blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A traffic accident report, a statement on the circumstances of the driver, a report on detection of the driver, and a actual survey report;

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

1. Relevant legal provisions concerning criminal facts, Article 3 (1), the proviso to Article 3 (2) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to 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 selection of fines;

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

1. The Criminal Act for the detention of a workhouse;

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