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(영문) 수원지방법원 안산지원 2014.07.22 2013고단1364

교통사고처리특례법위반등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On 05.08. 05. 05.30% of blood alcohol concentration, the Defendant driven a Bbea cruise-type car with a speed of 0.128%, and led from the speed of about 20 to 30km of speed at the center from the border of the Han River to the center of the Han River, which is located in the 383-lane-gu movement in Ansan-si.

Since there is a signal installed, a person operating a motor vehicle has a duty of care to prevent accidents by operating a motor vehicle according to the new code.

그럼에도 불구하고 피고인은 술에 취하여 이를 게을리 한 채 신호를 위반하고 직진한 과실로 때마침 위 베라크루즈 승용차의 전방 우측에서 좌측으로 신호에 따라 주행하던 중인 피해자 C(52세)의 D 택시 앞 범퍼 부분을 위 베라크루즈 승용차의 오른쪽 앞 펜더 부분으로 들이받았고, 그 충격으로 위 택시는 오른쪽으로 튕겨져 나가 교통섬에 설치되어 있던 신호등을 들이받았다.

Ultimately, the Defendant suffered from the victim’s negligence in the above occupational process a variety of cages of approximately four weeks of cages of cages of cages (Nos. 3, 4, 5, 6, 7, and 8 on the cages of the cages) and damaged the amount equivalent to approximately KRW 11,330,376, and approximately KRW 556,600 of the repair cost of the above taxi.

Summary of Evidence

1. Statement of the accused in the second protocol of trial;

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. Related photographs and reports on traffic accidents (1) (2) (the actual survey report);

1. Report on the detection of drunk drivers, and report on the circumstances of drunk drivers;

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

1. Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act (the point of sound driving), Article 3 (1), the proviso of Article 3 (2) 1, Article 3 (2) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents (the point of causing bodily injury by occupational negligence) and Article 151 of the Road Traffic Act concerning criminal facts.