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(영문) 대구지방법원 2013.08.14 2013고정1680
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of four 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 is engaged in driving vehicles for the franchise.

1. Around 00:50 on April 20, 2013, the Defendant, while under the influence of alcohol, driven 40% of the blood alcohol concentration by drinking, from the front day of the alcohol house, which is replaced by the 0.126% of the said vehicle in the Daegu North-gu mountain-dong, to the front day of the same Gu Cststroc road located in the same Gu mountain-dong.

2. The driver driven the above vehicle in the above condition as above, and driven the Czestroc road in the mountain-dong, Daegu Northern-gu, in the direction of the sloping distance from the direction of the sloping distance.

In such cases, a person engaged in driving service 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.

Nevertheless, the street etc. installed on the right-hand side of the road running ahead of the defendant's vehicle was received as the front part of the vehicle by neglecting it and neglecting it.

Therefore, the victim suffered bodily injury, such as double c(26 years of age) requiring medical treatment for about one week.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual condition survey report, the report on detection of a de facto driver, and the circumstantial statement of a de facto driver;

1. A medical certificate;

1. Application of Acts and subordinate statutes to the investigation report;

1. Relevant Article of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of sound driving), Article 3 (1) and the proviso of Article 3 (2) 8 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of fines for each crime;

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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