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(영문) 대구지방법원 서부지원 2016.02.17 2015고정1073
교통사고처리특례법위반등
Text

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

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who drives Bunst Passenger Vehicle owned by the Corporation.

1. On October 20, 2015, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents: (a) drive the said vehicle at a 57-lane from the compensation of the Seo-gu government bond in Seo-gu, Seogu, Daegu; and (b) was driving the said vehicle at a speed of about 30 km away from the four-lane distance to the death front.

At this point, a person engaged in driving on the intersection where a signal, etc. is installed has a duty of care to safely drive in accordance with the signals by reducing the speed and by checking well the right and the right of the road.

Nevertheless, the Defendant neglected this and received the left-hand turn from the fourth direction of the vehicle under way to the left-hand turn from the fourth direction of the vehicle under way to the new left-hand turn by negligence in contravention of the left-hand turn-hand turn-hand turn-hand turn-hand turn-hand turn-hand turn-on by the victim C (48 S).

Ultimately, the Defendant suffered injury to the victim, such as catum dynasium, which requires approximately two weeks of medical treatment due to occupational negligence as above.

2. The Defendant was driving the said vehicle under the influence of alcohol level of 0.182% in the 5km section of blood in the vicinity of the 191-gate, Daegu Northern-gu, Daegu-gu, in the same day, from the location of the accident to the location of the accident.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Inquiries about the results of crackdown on the driving of drinking and statement in the circumstances of the driver of drinking;

1. A medical certificate;

1. Application of the written estimate statutes;

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 drinking), Article 3(1) and proviso of Article 3(2)1 and 8 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the point of business and negligence) and each of the fines shall be selected.

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