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(영문) 의정부지방법원 2015.05.18 2015고정313

교통사고처리특례법위반등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

Where a defendant fails to pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the operation of B Mebens 125cc.

1. On October 8, 2014, the Defendant violated the Act on Special Cases concerning the Settlement of Traffic Accidents, while under the influence of alcohol of 0.098% of blood alcohol concentration around 18:15, 2014, without a motorcycle driver’s license, runs the side-road without a center line leading to the house located in Gyeonggi-si, Gyeonggi-si, and Gyeonggi-si, by driving the above otobba, with a straight-distance fishing place directly from the east Tri-si.

Defendant

A bicycle driven by the victim D(73 years of age) who was driving ahead of the direction of the Otoba in order to stop ahead of the above damage bicycle.

In such cases, a person engaged in driving duty shall accurately operate the steering system, brakes, and other devices of his/her vehicle, while driving safely by checking the traffic situation well, has a duty of care to prevent accidents.

Nevertheless, the Defendant neglected this and went beyond the road by the victim D, who was under the influence of alcohol, in order to avoid a collision with the Defendant's Oral Sea by his negligence in the course of business where the victim D, who was under the influence of alcohol, overtakes the bicycle on the left-hand side and stops the bicycle on the front of the bicycle, thereby leaving the bicycle on the right side.

Ultimately, the Defendant suffered injury to the said victim D, such as salt, tension, etc. in need of approximately two weeks of treatment due to such occupational negligence.

2. Violation of the Road Traffic Act (driving without a license) and the Road Traffic Act (driving without a license) were driven by the Defendant without a motorcycle driver’s license in the temporary border as stated in the above paragraph 1.1. and under the influence of alcohol with a blood alcohol concentration of 0.098%. The Defendant driven a section of approximately 300 meters from the nives of the nives infinite E in Gyeonggi-si to the point of accident in the above paragraph 1.

Summary of Evidence

1. Application of Acts and subordinate statutes on defendant's statutory statement;

1. Relevant provisions concerning facts constituting an offense;