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(영문) 의정부지방법원 2013.03.21 2013고정587
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Criminal facts

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, and the violation of the Road Traffic Act (driving) by the Defendant is a person driving a vehicle B in the capacity of driving a vehicle.

On November 19, 2012, the Defendant driven the said vehicle while under the influence of alcohol of 0.121% with a blood alcohol concentration of 09:30 on November 19, 2012, and proceeded to turn to the left from the “Semonart” left from the “Seim Agricultural Cooperative,” the front distance of the “Semonart” in the “Seim Hyeong-gu, Cheongyeong-gu.”

Since there is a tri-distance intersection without a signal, a person engaged in driving of a motor vehicle has a duty of care to check the safety of the course and drive the motor vehicle by checking well the front left.

Nevertheless, the Defendant neglected to drive the so-called so-called the so-called so-called so-called "Seoul" area from the room of the "terminal" to the "Seoul" area of the driver's seat of the DNA-learning vehicle operated by the victim C (the age of 65) was shocked by the Defendant's upper part in front of the right side of the vehicle.

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

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act, as a holder of BPote vehicle volume, operated the said vehicle not covered by mandatory insurance at the same time and place as that set forth in the preceding paragraph.

Summary of Evidence

1. Defendant's legal statement;

1. C's statement of a traffic accident-related person;

1. A traffic accident actual condition survey report and a traffic accident occurrence report;

1. Report on the situation of a drinking driver, report on the status of a drinking driver, report on the actions taken against a drinking driver, on-site investigation of a death or injury caused by dangerous driving, and investigation report (the Tramark Calculation

1. Mandatory insurance policy (the Investigation Record No. 29 pages);

1. A written diagnosis and written estimate;

1. Application of statutes on site photographs;

1. Driving under Article 3(1) and the proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, 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;

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