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(영문) 의정부지방법원 고양지원 2014.09.18 2014고정992

교통사고처리특례법위반등

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Defendant shall be punished by a fine of KRW 4,000,000. If the Defendant fails to pay the said fine, then 100.

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person engaging in driving a BSP car.

On March 13, 2014, at around 00:10, the Defendant driven the above vehicle while under the influence of alcohol of 0.135% of blood alcohol concentration, and also proceeded along the two-lanes between the two-lanes from the intersection of the above shooting distance to the intersection of the e-mail.

At the same time, the victim C(n, 29 years old) followed the DSS5 car driven by the victim C(n, 29 years old). In such a case, the person engaged in driving service was well aware of the situation, and there was a duty of care to secure a safe distance to avoid when the vehicle stops.

Nevertheless, when the Defendant was negligent in driving a vehicle in an excessive vicinity while under the influence of alcohol and was negligent in driving the vehicle in an excessive vicinity, the lower part of the said DM5 car driven by the victim C was driven by the Defendant as the front part of the said DM5 car driving.

Ultimately, the Defendant suffered injury to the above victim by occupational negligence, such as fluoral salt, which requires approximately two weeks of medical treatment.

2. The Defendant violated the Road Traffic Act (driving) in a manner under the influence of alcohol by 0.135% at the section of about 2 km from the front of the Solar Village located in the Tak-dong, a temporary border, such as paragraph (1), to the place where an accident referred to in paragraph (1) occurred.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. An actual survey report and a report on the occurrence of a traffic accident;

1. Report on the circumstances of a drinking driver, report on the control of drinking driving, and inquiry into the results of the control of drinking driving;

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

1. Article 3(1), proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act, and Article 268 of the Act on Special Cases concerning the Settlement of Traffic Accidents.