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(영문) 춘천지방법원 강릉지원 2014.09.03 2014고정318

교통사고처리특례법위반등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving of CK5 automobiles.

On June 29, 2014, the Defendant, while under the influence of alcohol 0.083% (the result of measurement) of blood alcohol concentration on 03:15 (the result of operating the said vehicle owned by the (junan) Manan Touristene, led to the Defendant’s operation of the said vehicle in front of the pentan City’s 368 at the coast of Gangseo-si, along with the pentan-si’s road in front of the pentan-si’s pentan.

At the time, the road was at night and at a bend level two-lanes, so in this case, a person engaged in driving service has a duty of care to safely operate along his/her lane by reducing speed and by properly examining the right and the right of the road.

Nevertheless, the Defendant neglected to do so and received street trees, etc. installed outside the right side of the road as the front part of the Defendant’s vehicle.

Ultimately, the Defendant suffered injury to the Defendant’s passengers on the same vehicle D (the age of 22, female) by his occupational negligence, such as at least two (22) week in front of the chest cirst, etc., and at approximately two (22) in the same passenger E (the age of 22) and F (the age of 22) in the bones of the bones of wood, tension, etc., requiring two (22) weeks in need of medical treatment.

2. The Defendant violated the Road Traffic Act (driving) starting from the road in front of the “national water and wave wave” located in the river site of Gangseo-si, Gangnam-si, which is located in the river site of Gangseo-si, while under the influence of alcohol by 0.083% (as a result of measurement) of blood alcohol content at a time as referred to in the above 1.1., and driving a vehicle at a distance of about 5 km from the road in front of the “bridge 368” road of Gangseo-si.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D, F, and E;

1. A report on detection of a host driver;

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

1. Article 3(1), proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act and Article 148-2(2) of the Road Traffic Act concerning criminal facts.