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(영문) 제주지방법원 2015.04.17 2015고단174

교통사고처리특례법위반등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

A. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who drives a B-to-pur vehicle.

On November 6, 2014, at around 20:50, the Defendant driven the said car under the influence of alcohol of 0.170% with a blood alcohol concentration of 0.170%, and led the Defendant to drive the road front of the ice-gun Eup/Eup/Myeon with the ice-do 175 New Dondondon-don Dondon-donon as the Defendant reported.

Since there is a three-lane road, a person engaged in driving service shall accurately operate the steering system, brakes, and other devices of the vehicle, shall not drive the vehicle at such a speed or in such a manner as to inflict any danger and injury on others according to the traffic situation of the road and the structure and performance of the vehicle, and has the duty of care to ensure that the driver is obliged to safely drive the front-lane traffic situation and prevent accidents in advance.

Nevertheless, due to the negligence of neglecting this, the part of the driver's seat behind the driver's seat of the DNA driver's vehicle operated by the victim C, which was in the traffic signal atmosphere in two-lanes, was shocked by the front part of the sea driver's seat.

In the end, Defendant 2 suffered from the injury of salt, tension, etc. in need of two weeks’ treatment by occupational negligence on the part of the victim C (the age of 32), the victim E (the age of 15) and the victim F (the age of 13) for two weeks.

B. Around 20:50 on November 6, 2014, the Defendant driven a 175-meter radius from the Roman parking lot to the road in front of the 175 new town opening point in the same Eup as one of the roads located in the front Don-do Eup of the Don-do. As such, the Defendant driven a BA-Wn-do motor vehicle under the influence of alcohol concentration 0.170%, while under the influence of alcohol concentration 0.17%.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused by prosecution;

1. Statement to C by the police;

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

1. Report on the circumstances of a drinking driver and notification of the result of crackdown on drinking driving;

1. The Acts and subordinate statutes of a medical certificate.