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(영문) 대구지방법원 상주지원 2016.02.16 2015고정239
교통사고처리특례법위반등
Text

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

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

Reasons

Punishment of the crime

A. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in driving a car at Birle.

On December 3, 2015, the Defendant driven the said vehicle under the influence of alcohol level of 0.136% during alcohol level from around 01:30 on December 3, 2015, and led to the flow of the chemical into the direction of the flow from the ethical side to the ethic side at the time of permanent display.

At the time of night, a person engaged in driving service had a duty of care to prevent accidents by accurately manipulating the steering gear and brakes well by looking at the front and right side and accurately operating the steering gear and brakes.

Nevertheless, the Defendant neglected this and neglected to do so.

I think, while continuing as it was, and then came to the point of accident, they turned back to the left side of the road due to the Hand operation.

Ultimately, the Defendant suffered injury to the victim C ( South, 43 years old) who was on board the head of the same vehicle due to the foregoing occupational negligence, such as a diversity flasing, etc., for which the treatment period of about eight weeks is required.

B. On December 2, 2015, the Defendant, at the time of stay at around 01:30 on December 2, 2015, driven a car at B windowatom, with approximately 5.6 km section from around 16-o-ro to the front of the 2nd of the 2nd of the epo-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-car.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes to a report on the circumstances of drivers at home;

1. Relevant Article 3(1) and the proviso to Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents by the Selection of Punishment, Article 268 of the Criminal Act, Articles 148-2(2)2 and 44(1) of the Road Traffic Act, and the selection of fines for each crime;

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 of the Criminal Procedure Act of the Provisional Payment Order

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