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(영문) 대구지방법원 서부지원 2015.08.13 2015고단1028
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 2,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On June 8, 2015, the Defendant driven the said vehicle under the influence of alcohol by 0.131% at the five kilometers section from the Daegu Industrial University located in the same Dong-dong in the public parking lot located in Yongsan-gu, Daegu-gu, Daegu-gu, to the road located in the same Dong-dong.

2. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person engaging in driving a vehicle of Category B New M5.

The two-lane roads in front of the Daegu Industrial University in the main Dong-dong of the Daegu Industrial University, as referred to in the above “A”, were driven by driving the above-mentioned vehicle at the temporary border, such as “A”, along one-lane distance from the side of the Hea Hospital.

In this case, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle by ensuring a sufficient distance from the motor vehicle that is driven earlier, with a clear mind that does not drink.

Nevertheless, the Defendant neglected to do so and proceed without looking at the breath while under the influence of alcohol.

The victim C (I, 33 years old) driven by the victim C (I,) was able to receive the part of the panion in front of the vehicle, following the Belgium car drive.

As a result, the Defendant suffered from the Defendant’s climatic salt that requires approximately two weeks of medical treatment due to the foregoing occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Notification of the control results of drinking driving, and statement in circumstances of drinking drivers;

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

1. Relevant legal provisions concerning criminal facts, Article 3(1) and proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, Article 148-2(2)2 and Article 44(1) of the Road Traffic Act, Article 148-2(2)2 of the Road Traffic Act, Article 44(1) of the Road Traffic Act, the defendant selected as the primary offender, confession and reflects in depth, and the victim agrees with the victim.

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