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(영문) 대구지방법원 서부지원 2019.05.30 2018고정103
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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 BM5 car.

On November 26, 2017, the Defendant was under the influence of alcohol with 0.090% of blood alcohol concentration around 07:40% on November 26, 2017, and driving the said car, and led the D third party distance in Daegu Western-gu C, Daegu-gu, directly from the long-distance outflow to the monthly rock view.

In this case, a person engaged in driving service of a motor vehicle has a duty of care to reduce speed and to properly control the steering direction and brake system while to prevent accidents in advance by accurately manipulating it.

Nevertheless, the Defendant was under the influence of alcohol and neglected to turn to the left on the opposite side by negligence, and the victim E (hereinafter referred to as 63) who was under a stop to turn to the left on the opposite side, and received the part prior to the left-hand side of the vehicle by the Defendant.

As a result, the Defendant suffered from the Defendant’s negligence in the course of performing the above duties, such as a scarke wall that requires approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on the occurrence of traffic accidents, on-site photographs, actual condition survey reports, circumstantial statements of drinking drivers, and inquiry into the results of the crackdown on drinking driving;

1. Application of Acts and subordinate statutes to investigation reports (victim E telephone conversations) and investigation reports;

1. Article 3(1) and the proviso to Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2(2)3 of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018); Articles 44(1)3 and 44(2) of the former Act on Special Cases concerning the Settlement of Traffic Accidents (Amended by Act No. 15530, Mar. 27, 2018);

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 62(1) of the Criminal Act of the suspended sentence is against the Defendant, the primary offender, and the vehicle that happens after drinking at night on the preceding day of the instant case.

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