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(영문) 창원지방법원 통영지원 2014.08.27 2014고정349

교통사고처리특례법위반등

Text

Defendant shall be punished by a fine of KRW 8,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of Lone Star vehicles.

On April 14, 2014, at around 09:15, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents, driving the said vehicle under the influence of blood alcohol level of 0.213%, and driving the said vehicle at the influence of 0.213%, and driving the Ari-dong Ari-dong Ari-dong Ari-dong Ari-dong Ari-dong Ari-dong Aridong

Since the vehicle is behind the vehicle in the same direction as at the time, a person engaged in driving service has a duty of care to live well before the vehicle is operated, and to secure and proceed a sufficient safety distance to avoid when reducing or stopping the speed of the vehicle.

Nevertheless, the driver tried to see the DNA Maz vehicle driven by the victim C (EW, 62 years old) who was stopped prior to the driver's negligence due to the negligence of the driver's negligence.

Therefore, the victim suffered injuries, such as catitiss and tensions, which require treatment for about two weeks.

B. The Defendant is a person who has the record of regulating the drunk driving on June 11, 2006 at 0.242% of blood alcohol concentration on June 11, 2006, and 0.064% of blood alcohol concentration on January 26, 2014.

On April 14, 2014, around 09:00, the Defendant was driving the said vehicle under the influence of 0.213% of blood alcohol concentration by starting from a macro-cop viewing in the ancient-dong, 09:15 on the same day, and driving the said vehicle at around 10 kilometers from the route of entry into the Aju-dong, Aju-dong, 09:15 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A report on the occurrence of a traffic accident, a actual condition survey report, on-site photographs, and a statement on the occurrence of a traffic accident;

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

1. A medical certificate;

1. Before holding: The details of the report on management of, and inquiry into, the primary inquiry report, criminal records, and investigation reports (previous and verification), and the application of Acts and subordinate statutes;

1. Article 3(1), the proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment for Criminal Facts, Article 268 of the Criminal Act, and Article 268 of the Criminal Act;