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(영문) 대구지방법원 김천지원 2016.05.27 2016고정104
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person driving a B-hand car.

On December 18, 2015, the Defendant driven the said vehicle under the influence of alcohol level of 0.111% among blood transfusions on December 18, 2015, and led the Defendant to drive the said vehicle under the influence of alcohol level of 0.11% in front of the road of the upper middle school located in the 70th dong-ro of the old city commercial zone in the upper city commercial zone in the upper city, along the two-lanes of the letter from the front bank room in the middle bank.

Since there was a prior vehicle in front of the defendant's running direction at the time, there was a duty of care to safely drive the driver in order to maintain the safety distance with the vehicle in front, and to accurately manipulate the steering and operating the steering gear so as not to cause any accident.

However, the Defendant neglected to do so and got a back of the victim C(48 tax) driving, which was going to the front part of the said low-speed car due to the negligence of the Defendant, received a back-hand part of the victim C(48 tax).

Ultimately, the Defendant suffered from the injury to the victim and the victim E (the age of 34) who was on board the same car due to the foregoing occupational negligence, such as the cryp and the cryp of the cryp of the cryp and the cryp of the cryp.

2. The Defendant violated the Road Traffic Act (drinking) driving a motor vehicle under the influence of alcohol with approximately 0.11% alcohol level in a section of about 1 km from the road front of the cambambling in the Gu-U.S. On the date and time set forth in the preceding paragraph to the place of the said accident.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Statement of the circumstances of the driver involved in driving;

1. The actual investigation report on traffic accidents and on-site photographs;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Relevant legal provisions concerning criminal facts, Article 3(1) and proviso to Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, 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, and the selection of fines;

1. The aggravated Criminal Act for concurrent crimes.

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