beta
(영문) 부산지방법원 2016.04.27 2016고정698

교통사고처리특례법위반등

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The defendant is engaged in driving a motor vehicle with soflurged vehicle B.

On October 21, 2015, the Defendant driven the said vehicle under the influence of alcohol content of 0.109% among blood transfusion 06:30%, and proceeded at a speed of about 20km per hour at a speed of 10km, toward the two-lane roads in front of the D main point located in Busan Northern-gu Seoul, Seocheon-dong Jeju Airport.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle and prevent accidents in advance by safely driving the motor vehicle, such as reporting the front side and the right and the right and the right and the right and the right, accurately

Nevertheless, the Defendant neglected this and found that the taxi vehicles used in F business of the victim E (72) driving in the same direction late to stop into the signal atmosphere, and operated it late, but was unable to avoid being under the influence of alcohol, and led to the part of the damaged vehicle behind the crime.

Defendant 1 suffered approximately six-day salt in need of medical treatment from the victim due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the investigation report on the actual condition of a traffic accident, the report on the occurrence of a traffic accident, the circumstantial statement of the driver of a primary driving, the report on detection of the driver of a primary driving, on-site photographs and vehicle photographs, and the confirmation

1. Relevant Article 3(1) and the proviso to Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents by the Selection of Punishment, Article 268 of the Criminal Act, Articles 148-2(2)2 and 44(1) of the Road Traffic Act, and the selection of fines for each crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;