logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 김천지원 2016.07.15 2016고정208
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of 2.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person driving a BM5 vehicle.

1. On March 12, 2016, the Defendant driven the said vehicle under the influence of alcohol level of 0.077% from blood on March 12, 2016, while driving the said vehicle at around 02:19, and led the said vehicle to the intersection distance from the intersection on the side of the intersection along Kimcheon-si.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to properly see the front side and the left side and the left side, and to prevent accidents by accurately manipulating the steering and brakes.

However, if the defendant neglected to do so and proceeds by negligence, the defendant received the central separation line set in the left-hand side of the SM5 passenger car in front of SM5 passenger car.

Ultimately, the Defendant, by negligence in the above business, sustained injury to the passenger C (n, 18 years of age) on the left side strings and the right strings in which the treatment date cannot be known.

2. The Defendant driven the said car under the influence of alcohol concentration of about 0.077% from the 1km section to the place where the said accident occurred, from the front day of the Joseon-gu cafeteria, which is located in the said temporary border, Kimcheon-si, Kimcheon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A C’s statement (the occurrence of traffic accidents);

1. Inquiries about the results of drinking control;

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

1. Relevant legal provisions concerning criminal facts, Article 3(1) and 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, Article 148-2(2)3 of the Road Traffic Act, and Article 44(1) of the Road Traffic Act, and the selection of fines;

1. Aggravation of concurrent crimes under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act [the aggravated punishment for concurrent crimes prescribed by the Act on Special Cases concerning the Settlement of Traffic Accidents, which has no heavier punishment (limited to the aggregate of the amounts of the above two crimes)];

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334(1) of the Criminal Procedure Act provides that a provisional payment order shall be issued.

arrow