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(영문) 대구지방법원 서부지원 2014.05.14 2014고정235
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 3,500,000.

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

Reasons

Punishment of the crime

The defendant is a person who drives a Crash vehicle.

1. Around 22:20 on February 10, 2014, the Defendant driven the said vehicle at a section of approximately 500 meters from the front side of the Cheongju apartment apartment in Daegu Seo-gu merchants' Dong while under the influence of alcohol with a blood alcohol concentration of 0.178%.

2. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents by driving the above vehicle at a temporary border as set forth in paragraph (1) and proceeding the intersection in front of the couribane charcoal in the merchants' Dong in Daegu-gu, Seo-gu at a speed of about 10km from the parallel market at a speed of about 10km.

Since there was a vehicle driving ahead of the same direction at the time, the person engaged in driving service had a duty of care to live well on the front side and the left side and drive safely.

Nevertheless, the Defendant neglected to make a left turn within the intersection by the negligence of the victim, who was driven by the victim D (hereinafter referred to as 43 years of age) driving in one-lane in the same direction, received the part front of the right side of the EM3 vehicle, which was driven by the victim D (hereinafter referred to as 43 years of age).

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

Summary of Evidence

1. Defendant's legal statement;

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

1. A written report and circumstantial statement of an employer-employed driver;

1. Written statements of D;

1. A medical certificate;

1. Application of Acts and subordinate statutes to investigation reports (on-site photographs and vehicle photographs);

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and proviso to Article 3 (2) 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, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act, and the selection of fines;

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

1. Articles 70 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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