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(영문) 수원지방법원 2014.06.25 2014고단1396

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 is engaged in driving of B Poter cargo vehicles.

1. On January 16, 2014, at around 23:00, the Defendant driven the above vehicle while under the influence of alcohol of 0.138%, and became to the left at the speed of about 20 km from the erost line towards the erost line in front of the apartment erost of the horizontal erost, wherein the Defendant masts the intersection of the shooting distance in front of the instant apartment erost, and turn to the left at the speed of about 20 km.

The driver of a vehicle at an intersection with a signal apparatus has a duty of care to prevent accidents by proceeding in accordance with the signals as the signal apparatus is seen well as by the signal apparatus.

Nevertheless, under the influence of alcohol, the Defendant neglected to stop and proceeded without stopping even though the signal of the signal prior to the entry into the intersection was red, and caused the collision between the front part of the victim C(31 years old, South) and the front part of the vehicle under the left side of the CA110 Oba-to-hand driving of the victim C(31 years old, South) who has been placed in the normal distance signal.

Therefore, the above victim suffered injuries, such as cage cage cage cage cage fages 7 and 8 on the left side of the victim in need of approximately 3 months medical treatment.

2. The Defendant driven the said vehicle under the influence of alcohol concentration of about 600 meters in a 0.138% in blood alcohol level from the street in front of the right line market, which is instigates the right line district in Suwon-si, and from the street in front of the right line market, to the street in front of the apartment zone in the same city where the accident is located in the same Dong and Dong.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. C’s statement;

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

1. Article 3 (1), the proviso to Article 3 (2) 1 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Article 37 of the Criminal Code among concurrent crimes.