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(영문) 창원지방법원 통영지원 2014.06.25 2014고정105
교통사고처리특례법위반등
Text

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

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

Reasons

Punishment of the crime

1. Around 00:55 on November 16, 2013, the Defendant driven a vehicle with blood alcohol content of approximately 0.179% under the influence of alcohol at approximately 300 meters from the end of Samsung Heavy Industries, which was in the parallel-si, GS25 city in the same Dong-si.

2. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in driving B125cc Orala.

On November 16, 2013, the Defendant, while under the influence of alcohol of 00:55% of alcohol content, driven the otob, and driven the above 0.179% of 0.179%, and proceeded at a speed of about 10km from the parallel of the border to the parallel of the JS25 City at the parallel of Gyeongnam-si, Gyeongnam-si.

Since there is a central line, a person engaged in driving service has a duty of care to thoroughly operate the entire city and to safely operate the vehicle in compliance with the order of the vehicle.

Nevertheless, it was found that the front part of the Da 49C, which the injured party C (Nam, 26 years old) drive in the opposite lane due to the negligent negligence of the centering on the center line, was driven by the Defendant.

Ultimately, the Defendant suffered injury to the victim C by occupational negligence, which requires approximately three weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

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

1. A traffic accident report, a traffic accident-related person's statement, a actual condition survey report, and on-site photographs;

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

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

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

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