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(영문) 창원지방법원 진주지원 2014.05.21 2014고정95

교통사고처리특례법위반등

Text

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

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

Reasons

Punishment of the crime

1. Around 01:01 on August 10, 201, the Defendant was under the influence of alcohol with approximately 0.131% of the blood alcohol concentration, and the Defendant driven a B L-Wing car at the section of about 1km from the front of the “singing place at the time of drinking” to the front of the “sing place at the time of drinking” located in the city of Busan-gun, Busan-gun, Busan-gun, the territory of which is located in the same Eup/Myeon from the road to the front of the “Tingtech” located in the same Eup/Myeon.

2. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person engaging in driving a BP car.

The defendant was under the influence of 0.131% of alcohol concentration in the temporary border as referred to in paragraph (1) at a speed that makes it impossible to find out another road located in the Busan-gun, Busan-gun.

However, at the time, it is one-lane road in which the passage of vehicles at night is frequent, and the Defendant followed the C driver's D's car which is going ahead of the above road in the front section of the Defendant, and thus, in such a case, the Defendant, who is engaged in driving, has a duty of care to safely drive the road in advance and prevent the accident by driving it in advance, such as a safe operation of the front section and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right,

Nevertheless, the Defendant neglected this and was negligent in driving a motor vehicle under the influence of alcohol as above and received the rear part of the motor vehicle in front of the motor vehicle under the driving of the Defendant.

After all, the Defendant suffered from an injury to the victim E (the 37 years old) who was accompanied by the car of the franchise due to the above occupational negligence, for about two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police mail for C and E;

1. A report on the occurrence of a traffic accident;

1. The circumstantial report of an employee;

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

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the Criminal Act concerning criminal facts;