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(영문) 창원지방법원 통영지원 2014.10.16 2014고단700

교통사고처리특례법위반등

Text

Defendant shall be punished by a fine of KRW 6,000,000.

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 a vehicle B with low driving skills.

1. On June 8, 2014, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents, at around 02:15, driving the said vehicle under the influence of alcohol content of 0.145%, and driving the said vehicle at a speed of about 40 km per hour at the speed of about the left at the speed of about 40 km from the upstream of the upstream of the road at the speed of the water cooperative, in front of the water cooperative, which is at the speed of 0.145%.

At the same time, a crosswalk is installed in the front, but in such a case, the driver has a duty of care to check whether there is a person who gets on the way to reduce the speed and to see well the right and the right and the right and the right and the right of the driver, and to drive safely.

Nevertheless, due to negligence of neglecting this, the part of the victim C (28 years of age, south) who cross the crosswalk from the right side of the road to the left side of the vehicle is kneeed.

As a result, the defendant suffered injury to the victim due to the above occupational negligence, such as the right chain, the left corner, etc. requiring treatment for about two weeks.

2. The Defendant violated the Road Traffic Act at around 02:15 on June 8, 2014, driving the said vehicle under the influence of alcohol concentration of 0.145% from the back road near the main apartment located in the ancient city at the ancient city to the front of the same fisheries distance.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The actual condition survey report;

1. A report on detection of a host driver;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act concerning criminal facts (the point of sound driving and the selection of fines);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 70(1) of the Criminal Act for the detention of a workhouse.