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(영문) 대구지방법원 2012.12.28 2012고정1398
교통사고처리특례법위반등
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person driving a C observer car as a duty.

1. On March 9, 2012, at around 23:30, the Defendant driven approximately 800 meters from the front side of the Handong-gu in Daegu-gu to the front side of the Kitrople-gu 1 complex in Daegu-gu, under the influence of alcohol by 0.14% of alcohol level.

2. The Defendant driving the said car at the above temporary border, leading to the front road for the Chungcheong water drop in the vicinity of Daegu Suwon-gu, according to one-lane from the surface of Fzine distance to the surface of Fzine distance.

At that time, there are the internship section and the U.S. driver's duty of care to ensure that a person driving a motor vehicle as his/her duties has a duty of care to check the safety of his/her career and to prevent accidents by driving his/her motor vehicle in good faith.

Nevertheless, the Defendant violated this and is proceeding as it is.

The lower part of the Ebear or car driven by the victim D(W, 31 years old) who was trying to be a U-turn before the course was shocked with the front part of the Defendant’s car.

As a result, the Defendant suffered, by negligence in the above business, the injury to the victim D, such as the climatic salt, which requires treatment for about two weeks, and the injury to the climatic salt, which requires treatment for about two weeks to the victim F (the 40-year-old passenger) who is the passenger of the damaged vehicle.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. A traffic accident occurrence report;

1. The actual condition survey report;

1. Statement of the status of the driver;

1. A written report from an employee of an employer;

1. Application of Acts and subordinate statutes to medical certificates and copies thereof;

1. Relevant provisions of Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning criminal facts, Article 3 (1), the proviso to Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning Settlement of Traffic Accidents, Article 268 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment;

1. The aggravated Criminal Act for concurrent crimes.

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