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(영문) 부산지방법원 2014.07.22 2014고정2351

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

The defendant is a person who drives a rocketing car.

1. On February 3, 2014, the Defendant driving the said vehicle under the influence of alcohol level of 0.140% at around 01:35, and driving the said vehicle at approximately KRW 100 meters to the front of the said modern apartment at the front of the modern apartment near the modern apartment located in the Dandong-gu, Busan.

2. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents: (a) drive the said vehicle at the time and place specified in paragraph (1) of this Article; (b) drive the said vehicle on the front side of the modern apartment zone located in the Seo-gu, Busan; and (c) drive the road from the Dag-dong to the west-dong, at the speed of speed of speed unspeed; and (d) on

At the time, the center line of yellow solid lines is installed, so a person engaged in driving service has a duty of care to make a internship at the permissible point of internship.

Nevertheless, the Defendant neglected to do so and instead went on, due to the mistake of breaking the median line from the right side to the left side on the opposite side of the left side, received the front part of the Defendant’s front part of the drive DomW520 of the victim C (V, 58 years old) driving at the right side of the Mamb520 vehicle.

After all, the Defendant suffered injury to the victim due to the above occupational negligence during approximately three weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Traffic accident report, report on detection of a reemployed driver, and report on the status of a de facto driver;

1. A medical certificate (C);

1. Application of Acts and subordinate statutes governing accident site photographs;

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

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;