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(영문) 대구지방법원 2018.04.27 2018고정85
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

Where the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a driver of a passenger car in B SP area.

1. On June 7, 2017, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven the above-mentioned vehicle from around 02:40, and driven the D-W road from the side of Yong-Namnam University to Daegu.

The driver of any motor vehicle has a duty of care to safely drive the motor vehicle in accordance with his/her own signals because the signal lights are installed and operated in a four-distance intersection.

Nevertheless, due to the negligence of direct operation of red flag, the upper left side of the damaged vehicle E (T. 25) driving at regular elementary school from the right side of the apartment in order to the right side of the moving direction, conflicts with the front side of the vehicle under way.

As a result, the injured driver suffered from the fluor's fluor's bluor's bluor's salt, the left bluor's bluor's bluor's bluor's injuries.

2. From 04:00 to 04:15, the police officer of the G G District Police Station G District of the Gyeongsan Police Station, who was dispatched after receiving a report on the same accident as the above paragraph 1, found the Defendant as drinking-free, so the Defendant was cut off with red color and demanded a drinking-free measurement on three occasions during the period from 04:00 to 04:15, but the Defendant has the right to refuse to take the breath, refuse to take the breath test and had an agent for the breath.

In addition, the police officer did not comply with the police officer's request for alcohol measurement by refusing to measure and leaving the scene.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. The actual survey report and on-site photographs;

1. Statement of the circumstances of the driver involved in driving;

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

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

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.

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