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(영문) 대전지방법원 천안지원 2015.11.26 2015고정985

교통사고처리특례법위반등

Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is engaged in driving of Category B Motor Vehicles.

At around 01:10 on April 1, 2015, the Defendant was straightening the intersection of the Dmast in front of the Dmast in Asan City C at a speed below the speed of the Si-high speed in the direction of drinking alley from the land-gu televis.

Since there is a place where traffic is not controlled, in such a case, a person engaged in driving service has a duty of care to check whether there is a vehicle crossing by reducing the speed or temporarily suspending the vehicle.

Nevertheless, the Defendant neglected this and caused the front side of the vehicle of the Defendant to shock the front side of the vehicle of the victim E (E, E, 31 years old) driving, which is directly left on the left side of the proceeding direction by negligence.

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

2. On May 20, 201, the Defendant violated Article 44(1) of the Road Traffic Act by receiving a summary order of a fine of two million won for a crime of violating the Road Traffic Act from the Incheon District Court on February 23, 2011. On February 23, 2012, the Defendant violated Article 44(1) of the Road Traffic Act by receiving a summary order of five million won or more for the same crime from the same court.

The Defendant driven B EM car in the state of alcohol concentration of 0.135% at a 30-meter range of blood alcohol after the Dmaart in Asan-si, Asan-si, as stated in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Entry of E’s statement on the occurrence of traffic accidents;

1. Entry of the traffic accident report and the report on the actual condition of the driver concerned;

1. Entry and video of the traffic accident report;

1. Descriptions of a medical certificate;

1. Images of on-site photographs;

1. Previous record: The entry of the police suspect interrogation protocol of the accused in the police and the application of each Act or subordinate statute to criminal records;

1. Criminal facts;