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(영문) 부산지방법원 동부지원 2017.12.13 2017고정961

교통사고처리특례법위반(치상)등

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

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

Reasons

Punishment of the crime

1. The Defendant is engaged in the business of driving B Cost Engines in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents.

On April 25, 2017, the Defendant driven the above marc with alcohol level of 0.092% in around 06:10, while under the influence of alcohol level of 0.092%, and proceeded at the speed of about 40 kilometers in length, depending on the two-lanes of the 4-lane road along the direction towards the intersection, such as the network unsarc apartment front signal, located at 315, 16, in the training-gu, Busan.

In such cases, a driver of a motor vehicle has a duty of care to live well on the front side and to prevent accidents in advance by safely driving the motor vehicle according to the traffic signals.

Nevertheless, the Defendant neglected this and went straight to the right side of the vehicle against the victim C (Woo 49) driving, which was under direct operation in accordance with the course signals, at the right side of the proceeding direction, conflict with the front side of the vehicle against the victim's vehicle.

As a result, the Defendant suffered, from occupational negligence, the victim C, the injury of the tensions and tensions, and the injury of the damaged vehicle E (V, 17 years old) in the same person E (V, 17 years old) in the same manner, about two weeks of treatment.

2. Violation of the Road Traffic Act (drinking driving) was driven by the Defendant, at the same time and at the same time, at the same time, at approximately 1 Km section from the front of the Suwon-gu, Suwon-si, Busan-si to the intersection of the network U.S. apartment at approximately 1 Km in approximately 315,00, to the intersection of the network U.S. apartment at 16,005-ro, the alcohol level of which is 0.092% in blood while under influence of alcohol level.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s traffic accident statement;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 148-2 (2) 3 and Article 44 (1) of the Traffic Act concerning facts constituting a crime under the relevant Act;