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(영문) 수원지방법원 안산지원 2014.05.15 2013고정2292

교통사고처리특례법위반등

Text

Defendant shall be punished by a fine of KRW 6,000,000.

If the defendant does not pay the above fine, 50,000 won.

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 who is engaged in driving a car at C Coin.

At around 18:30 on September 23, 2013, the Defendant, while under the influence of alcohol, proceeded in the direction of a sampling fishing place from the direction of the Dogwon-dong 918.

Since there is a place where the view is not secured on the upper right line, a person engaged in driving service has a duty of care to drive after checking the safety of the course as to whether there is a vehicle for drinking by temporarily stopping.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving while driving the vehicle as it is, and the victim D(30 years of age) driving, which was proceeding in the opposite direction to the passenger vehicle fronter of the passenger vehicle, and was faced with the parts of the victim D(30 years of age) driving.

As a result, the Defendant caused the victim to suffer bodily injury due to the negligence on the part of the Defendant, where the victim needs to receive approximately two weeks of medical treatment.

2. On September 23, 2013, inasmuch as there exist reasonable grounds to recognize that the Defendant driven under the influence of alcohol, such as the time, time, and face under paragraph (1) of this Article, raising a red light on the face in a place under paragraph (1), and driving under the influence of alcohol, such as a little big distance and walking, etc., on September 23, 2013, the Defendant was demanded to comply with the demand of a police officer for a measurement of alcohol in a manner of inserting approximately 30 minutes from the president F of the luminous Police Station Mountainous Zone belonging to the luminous Police Station, in which he/she was dispatched after receiving a traffic accident report, and failed to comply with the demand of a police officer for

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and G;

1. Statement of D police statement;

1. The actual condition survey report;

1. A report on investigation;

1. The user ledger of the measuring instruments for drinking;

1. Refusal photographs of measurement;

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

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