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(영문) 대구지방법원 포항지원 2013.06.21 2013고정331
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of five 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 B car X-gu motor vehicle.

On December 30, 2012, the Defendant driven the said car with a blood alcohol concentration of 0.132% 0.10% around 01:10 on December 30, 2012, and driven the road in front of the Yancheon-gu, Chungcheongnam-gu, Seoul Metropolitan City (Seoul), at the port, along a one-lane road on the surface of the port license examination site on the west-gu.

Since there is a place where the center line of yellow-ray is installed, a person engaged in driving service has a duty of care to thoroughly look at the front line and operate the steering gear and the brake in a safe manner so as not to exceed the center line.

Nevertheless, the part of the victim C, who was walking on the opposite side of the license examination site, was collisioned with the left-hand part of the back-hand part of the Maritime Vehicle.

Ultimately, the Defendant suffered injury to the victim C, such as an alley flasing the left-hand minister in need of approximately 12 weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Application of Acts and subordinate statutes, such as written diagnosis;

1. Relevant legal provisions concerning criminal facts, the proviso to Article 3 (1), Article 3 (2) 2 and 8 of the Act on Special Cases concerning Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, 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. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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