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(영문) 창원지방법원 2016.03.24 2016고정246

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 engaging in driving a rocketing car.

On December 21, 2015, the Defendant driven the above vehicle under the influence of alcohol content of 00:163% during blood transfusion on December 21, 2015, and led to the left turn to the left at the right turn from the southyang-gu, Sungwon apartment located in Sungwonwon-gu, Sungsan-gu, Sungwon-gu, Changwon-gu, Changwon to turn to the left.

At all times, a person engaged in driving service in the private street intersection where signal lights are installed has a duty of care to drive safely in accordance with the new code.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving the left-hand turn in violation of the signal and received the part of the left-hand part of the driver’s vehicle in front of the Defendant’s driving vehicle, which was driven by the victim C (25 ) (25 ) who was straighted in accordance with the normal signals.

As a result, the Defendant suffered from the c and the victim E (25) who was accompanied by the above c and the damaged vehicle due to the above occupational negligence, each of which requires approximately two weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the occurrence of a traffic accident, reporting on a traffic accident (1), and (2) On-site investigation report;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. C’s statement;

1. Investigation report (in relation to attachment of images of an accident, including attachment of images of CCTVs for children, each attachment of each accompanying material);

1. Investigative report (in relation to the signal cycle) and signal cycle tag;

1. Each written diagnosis for C and E;

1. Application of statutes on site photographs;

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 (a point of driving under influence of alcohol);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (only between violations of the Act on Special Cases concerning the Settlement of Traffic Accidents);

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.