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(영문) 의정부지방법원 고양지원 2014.04.29 2014고정459

교통사고처리특례법위반등

Text

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

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

Reasons

Punishment of the crime

1. The Defendant is a person driving B Launa car as a duty.

On December 205, 2013, the Defendant driven the above vehicle under the influence of alcohol concentration of 0.123% from the distance of Mangnsan-gu, Mangsan-si, Mangsan-si, Mangsan-si, 18-dong, under the influence of alcohol concentration of 0.123%, and proceeded from Mangsan-si to Mangsan-si.

At all times, there is an intersection where traffic is controlled by the signals of the signal apparatus, so the driver has a duty of care to prevent the accident by proceeding according to the signals of the electric signal apparatus.

Nevertheless, under the influence of alcohol, the Defendant, while neglecting this, sustained injury by the victim E (the age 52) who was on board the damaged vehicle by taking the front part of the DaK5 taxi driver's vehicle located on the right side of the Dak-5 taxi driver's vehicle in the front part of the Dak-5 taxi driver's vehicle, who was on board the damaged vehicle, due to negligence in the course of the duty that was directly engaged in the front red signal, due to the Defendant's negligence.

2. The Defendant driven the said rocketing vehicle under the influence of alcohol concentration of 0.123% from a section of about 5 km from the Soyang-gu Czeyang-gu, Soyang-gu to the place where the said accident occurred.

3. The Defendant operated the said rocketing vehicles that were not covered by mandatory insurance as above.

Summary of Evidence

1. Defendant's legal statement;

1. C and E's statement of each traffic accident-related person;

1. The actual condition of traffic accidents;

1. A report on detection of a host driver;

1. Mandatory insurance policies;

1. A medical certificate;

1. Application of Acts and subordinate statutes to photographs of vehicles on accident site;

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act does not apply to cases where a public prosecution is not granted pursuant to Article 3(2)1 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents. Articles 148-2(2)2 and 44(1) of the Road Traffic Act and Article 46(2)2 of the Guarantee of Automobile Accident Compensation Act.