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(영문) 대구지방법원 2016.04.08 2016고정285
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 3,500,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a car of the Pacifician.

On November 30, 2015, the Defendant driven the said car under the influence of alcohol content of 0.059% during blood transfusions, and led to the two-lane road ahead of the location of Filial trees in Daegu-gu, Daegu-gu, under the influence of 0.059%, along with the one-lane road in front of the location of Filial trees in Daegu-gu, Daegu-gu.

At the time, since it is at night, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by accurately operating the operation and steering gear of the motor vehicle, and by accurately operating the operation and steering gear.

Nevertheless, as seen above, the Defendant was negligent in drinking on the front side of the instant car, and the part of the bridge of the victim C (W, 63 years old) who was unclaimed from the left side of the Defendant’s running direction to the right side of the Defendant’s driving direction was placed ahead of the said car.

After all, the Defendant suffered injury to the victim, such as the Defendant, who was in need of approximately eight weeks of medical treatment due to the foregoing occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A written diagnosis for C;

1. A written statement of the occurrence of a traffic accident C;

1. Notification of the results of regulating driving of drinking alcohol and statement of the circumstances of driving of drinking alcohol;

1. Application of the traffic accident occurrence report, actual survey report, and applicable on-site photographs-related Acts and subordinate statutes;

1. Relevant Article of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Articles 148-2(2)3 and 44(1) (the point of drinking) of the Road Act concerning criminal facts, 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, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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