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(영문) 대구지방법원 서부지원 2015.02.13 2015고정27
교통사고처리특례법위반등
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a Bren car. A.

On November 10, 2014, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents, while driving the above vehicle at around 18:36 on November 10, 2014, led to the operation of the road in front of the Yongsan-gu, Seongbuk-gun, Seongbuk-gun, Seongbuk-gun, to the area of the Jindo-Eup.

In this case, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by accurately manipulating the steering direction and brake system in a clear mind.

Nevertheless, the Defendant neglected this and caused the collision between the part following the bicycle driven by the victim C (the aged 54) who was under the influence of 0.055% of alcohol concentration, and the part following the bicycle driven by the victim C (the aged 54) with the upper part above the right part of the vehicle.

As a result, the Defendant suffered brain-dead treatment that requires approximately two weeks of treatment due to the above occupational negligence.

B. Violation of the Road Traffic Act (driving) the Defendant driven the said vehicle at a section of about 2 km from the front of the Yongsan-gu Masan-gun in front of the Jinju-gun in the border of 0.055% under the influence of alcohol concentration in the above city of 0.05%.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

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

1. Report on actions taken against an employer, and report on the status of the employer-employed driver;

1. Application of Acts and subordinate statutes of a medical certificate;

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 (Aggravation of concurrent crimes with punishment prescribed for the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents which is heavier than punishment);

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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