beta
(영문) 수원지방법원 안산지원 2014.11.11 2014고정815

교통사고처리특례법위반등

Text

Defendant shall be punished by a fine of five million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving vehicles B, rocketing and Class II.

도로교통법위반(음주운전) 피고인은 2013. 10. 15. 22:53경 안산시 상록구 본오동 소재 번지 불상의 꼼장어 포장마차 앞 노상에서부터 C 앞 노상까지 약 700미터의 거리를 혈중알콜농도 0.104%의 술에 취한 상태로 위 차량을 운전하였다.

B. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”) by driving the said vehicle in the state of drinking as seen above, and driving the said vehicle at a speed of 60 kilometers a speed of 1:0 kilometers a speed of 2-lane road in the direction of the o middle school in the direction of the o middle school.

At all times, a person engaged in driving service in the vicinity of a remote intersection where signal lights are installed has a duty of care to ensure safety distance from the vehicle in which the signal lights are parked and to ensure the safety distance from the vehicle in which they are stopped.

Nevertheless, due to negligence in progress, the victim D(58 years old, South) driving vehicles EYF YF strawing in the direction of the signal stop in the vicinity of the accident site. However, the part of the back part of the damaged vehicle was concealed into the front part of the damaged vehicle.

Ultimately, the Defendant suffered injury to the victim, such as “influoral salt and tension,” which requires approximately two weeks of treatment due to occupational negligence as above.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to traffic accident reports (1) (2) , actual survey reports, reports on the occurrence of traffic accidents, photographs related to accidents, reports on the detection of host drivers, and medical certificates;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and proviso to Article 3 (2) 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, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act, respectively;