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(영문) 대구지방법원 2018.12.18 2018고정1062
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a B car rental car.

On July 5, 2018, around 23:40, the Defendant driven the two-lanes of the two-laned road in Daegu Jung-gu, Daegu-gu, Seoul-do, with a alcohol concentration of 0.094% in blood, while under the influence of alcohol, and led the two-lanes to the west four-distance distance from the side of the Taepyeong-gu.

In this case, the driver of the vehicle has a duty of care to take the front side and left side well and to accurately manipulate the steering and brakes so as to prevent accidents in advance.

Nevertheless, under the influence of alcohol, the Defendant neglected to proceed as it was, and due to the negligence of the Defendant, received the part of the victim D(W car 58 years old) following the EMW car in the front direction of the Defendant’s proceeding.

Ultimately, the Defendant suffered, by negligence in the above business, the injury to the victim D, such as catum salt in need of approximately two weeks of treatment, and the victim F (the 58-year old-age-old-age-old-age-old-age-old-age-age-old-age-old-age-old-age-based treatment for about two weeks of treatment.

2. On the day specified in paragraph 1, the Defendant driven the said car string in the state of alcohol alcohol content of about 0.094% from a section of about 2 km from the front road of Daegu-gu to the front road of the same Gu, where it is impossible to identify the name located in the large string-gu, Daegu-gu, Seoul-do.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions, an accident site photograph, and a medical certificate for each accident site;

1. Application of Acts and subordinate statutes to make a statement on the circumstances of a driver driving, notification of the results of crackdown on drinking driving, and inquiry about the results of crackdown on drinking;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning the facts constituting an offense, Article 268 of the Criminal Act, Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act (the point of driving under influence of alcohol);

1.Article 40 of the Criminal Code of Trade and Trade.

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