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(영문) 대구지방법원 서부지원 2014.05.02 2014고정262
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

1. On February 1, 2014, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases”) driven a BEF rocketing car with a blood alcohol concentration of 0.079%, and led the Defendant to go directly from the side of Sungju-gun, Sungju-gun, Sungju-gun, to the right of compensation for the road adjacent to the Sungju-gu, Sungju-gun.

The driver of any motor vehicle has a duty of care to check and drive the safety of course by accurately operating the steering direction and brakes while living well on the front side and the left side.

Nevertheless, the Defendant neglected this and neglected to stop on the road, and received the back portion of the victim C(50 years old) driving which was standing on the road, in front of the Defendant’s vehicle.

Ultimately, the Defendant suffered injury to the victim, such as two straws, which requires a stable price for a week, due to the above occupational negligence.

2. The Defendant violated the Road Traffic Act (driving) started from the front of the Seongbuk-gun Office in the Seongbuk-gun, Seongbuk-gun, Seongbuk-gun, and driven the said vehicle at a approximately 5km section from the front of the Seongbuk-gun Office to the roads adjacent to the same Eup/Myeon, while under the influence of alcohol by 0.079% of the blood alcohol concentration in the temporary border (e.g., paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

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

1. A report on detection of a host driver (A), and the circumstantial statement of a host driver (A);

1. A medical certificate;

1. Application of Acts and subordinate statutes on site photographs and field inspection photographs;

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

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (within the maximum sum of the punishments stipulated in the Act on Special Cases concerning the Settlement of Traffic Accidents which are heavier than punishment) shall be added to concurrent crimes;

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