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(영문) 대구지방법원 2014.05.09 2014고정248
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who drives a motor vehicle vehicle B.

1. At around 02:20 on November 2, 2013, when a person drives a vehicle at a speed or in a manner that causes danger and injury to others according to the road conditions and the structure and performance of the vehicle, he/she shall not drive the vehicle at a speed or in a manner that impedes the front part of the defendant's vehicle while neglecting his/her duty of care when he/she neglected to operate the vehicle due to negligence, even though he/she had an occupational duty of care to accurately manipulate the brake devices and steering gear and prevent the accident, he/she did not discover the DNA amount of the victim C (48 years old, 8 years old, and 8) who is waiting for the last direction of the last head of the vehicle in the front part of the defendant's vehicle in order to prevent the accident.

Therefore, the victim suffered injuries such as cryp tensions, tensions, etc. in need of approximately two weeks of treatment to the victim C, and the victim E (the age of 19) in need of approximately two weeks of treatment to the same victim vehicle E (the age of 19).

2. On the date and time set forth in paragraph 1, the Defendant driven a vehicle with approximately 200 meters prior to the 945-dong Dosan-dong Dosan-dong, Daegu, which is the point where the said traffic accident was caused, in a state of drinking alcohol of 0.118%.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Each written diagnosis;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes to written reports on running a driver;

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 facts constituting an offense (a point of driving while driving a motor vehicle);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment;

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 (2) of the Criminal Act for the detention of a workhouse;

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