교통사고처리특례법위반등
Defendant shall be punished by a fine of KRW 6,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
The defendant is a driver of CMW car.
On May 12, 2014, at around 00:25, the Defendant driven the above vehicle while under the influence of alcohol of 0.192% of blood alcohol concentration, and proceeded at a speed of about 80 KK speed at a speed of about 10 KK, facing the point of Samsung Home Plus Ordinance, an four-lane intersection in the direction of the ordinances at the seat of the United Nations Department Store, toward the direction of the ordinances at a speed of about 10 KK, depending on two-lanes.
Since there is an intersection in which a signal apparatus is installed, there is a duty of care to prevent accidents in advance by proceeding in accordance with the signals as instructed by the signal apparatus.
Nevertheless, the Defendant neglected to do so and received the front part of the victim Dwork E, who was holding the intersection in accordance with the progress signal from the left side of the running direction due to the negligence in violation of the stop signal, and then received the front part of the victim Dwork E, who was holding the intersection, as the front part of the Defendant’s vehicle and the left side.
Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of treatment by occupational negligence.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. A traffic accident report (1) actual survey report;
1. Requests for appraisal;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Relevant Article of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of sound driving), Article 3 (1), the proviso of Article 3 (2) 1 and 8 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of fines for each crime;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 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;
1. The decision-making fine of 6 million won is the fact that the defendant has the power to be punished once due to drunk driving, the driving of the defendant with a substantial drinking level and violating the traffic signal at the intersection, on the other hand, the defendant is against himself, and the comprehensive insurance.