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(영문) 창원지방법원 2016.02.17 2015고단2884

교통사고처리특례법위반등

Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

On February 9, 2009, the Defendant was sentenced to a fine of two million won due to a violation of road traffic law at the Changwon District Court on May 4, 2009, a fine of three million won due to the same offense in the same court on May 4, 2009, a fine of one million won due to the same offense in the same court on November 13, 2009, and a fine of 1.5 million won due to the same offense in the same court on November 27, 2009, and a suspended sentence of two years due to the same offense in the same court.

The defendant is a person who is engaged in driving Obaba in C.

On September 16, 2015, the Defendant driven the otoba while under the influence of alcohol with 0.135% of alcohol concentration in the blood transfusion around 10:20 on September 16, 2015, and led the far distance in front of the E hospital located in Kimhae-si D from the southsan Park to the tri-lane.

Since there is no signal, in such a case, since the person engaged in the driving of a motor vehicle has a duty of care to check whether there is a vehicle crossing by reducing or temporarily stopping the speed of the person engaged in the driving of the motor vehicle, and to drive the motor vehicle, the defendant neglected that duty and received the right side of the GOtob, which the victim F (68 e.g., the victim F., who entered the intersection, is driving from the direction of the road as it is, due to the negligence of neglecting that duty, was driven by the defendant.

Ultimately, the Defendant suffered injury to the victim, such as kneee knee knee knee kne, which requires treatment for about four weeks due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement (F);

1. A report on the occurrence of a traffic accident, on-site map, actual survey report, and on-site photograph;

1. Notification of the results of crackdown on the driving of drinking, statement of the situation of the driver driving, and inquiry about the results of crackdown on the driving of drinking;

1. Medical certificate (F);

1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history (A);

1. The point of causing bodily injury resulting from occupational negligence in relation to the relevant criminal facts: Article 3(1), proviso to Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act: Article 148-2(1)1 and Article 44 of the Road Traffic Act.