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(영문) 춘천지방법원 강릉지원 2015.05.28 2015고정151

교통사고처리특례법위반등

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a ecoo vehicle B.

On February 11, 2015, at around 22:03, the Defendant, while driving a car under the influence of alcohol of approximately 1 km from the 0.111% of the blood alcohol concentration to the intersection of the Hannam-dong Corporation at the front of the packing end in the Hannam-dong located in the Hannam-dong, Gangnam-si, Gangnam-si, the Defendant came to turn to the left from the intersection of the Hannam-dong Corporation to the intersection of 3 weeks from the southwest-si.

At that time, since the signal, etc. is an intersection operated, the driver of the motor vehicle has a duty of care to safely operate the motor vehicle according to the new code.

Nevertheless, the Defendant, by negligence in breach of the above duty of care, went to the right-hand turn on the right-hand side of the Defendant’s car, brought the part of the DK5 taxi driving by the victim C pursuant to the new subparagraph from the 6th west-hand side of the 6th west-hand side of the Defendant’s car.

Ultimately, due to these negligence, the Defendant damaged the victim's salves that require treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report and on-site photographs;

1. Notification of the control results of drinking driving and the circumstantial report of drinking drivers;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal provisions concerning criminal facts, Article 3 (1), proviso of Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to 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 (the point of a sound driving);

1. From among concurrent crimes, Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act (to the extent that the maximum amount of both concurrent crimes are added to the crimes of violating the Act on Special Cases concerning the Settlement of Traffic Accidents, which are heavier than the punishment (However, the lowest amount of the punishment shall be subject to the violation of the Road Traffic Act

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;