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(영문) 대구지방법원 2015.11.13 2015고정2320
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 4,500,000.

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

Reasons

Punishment of the crime

The defendant is a person who drives a B Trate car.

1. At around 09.03, 09:10, the Defendant, while under the influence of alcohol with a pulse distance of 0.139% of alcohol concentration in blood, was directly driven by a single-lane in the direction of children’s hall in the direction of children’s hall.

At that time, since the signal is an intersection operated, there is a duty of care to operate according to the signals.

The Defendant neglected this and neglected to operate a direct operation in violation of a signal, and received the back part of the victim C(48 years old) driver’s left-hand side of the rocketing motor vehicle operated under normal signals in the direction of the direction of the direction of the direction of the direction of the direction of the direction of the direction of the direction of the yellow road.

As a result, the victim E (the 45-year-old) suffered from the injury such as finite finites that require approximately two weeks to the victim C and the finite.

2. While the Defendant was under the influence of alcohol content 0.139%, the Defendant driven a approximately 50m distance from the front of the above time, place, and the front of the said accident place to the above accident place as the above vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Each written diagnosis for C and E;

1. Application of Acts and subordinate statutes governing the occurrence of traffic accidents, reports on the occurrence of driving accidents, reports on actual conditions of drivers, and reports on actual conditions;

1. Article 3 (1) of the relevant 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 (the point of sound driving);

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 (1) 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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