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Reasons
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(영문) 제주지방법원 2013.12.04 2013고정904
교통사고처리특례법위반등
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Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

1. Around 03:00 on July 18, 2013, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents: (a) while under the influence of alcohol 0.08% of alcohol level from the MBC broadcasting station to the MBC station, the Defendant was driving the eBC broadcasting station, which was owned by B, with a blood alcohol level of 0.08%.

At all times, since the traffic control is not performed and the traffic of the vehicle is a large distance intersection, a person engaged in driving service has a duty of care to check the safety of the course and safely proceed by checking well the right and the right of the road in a clear spirit.

Nevertheless, while under the influence of alcohol, D was driven on the left side of KTT, which is driven by the first apartment of the 2nd century, from the left side of the direction of the proceeding, and was driven with the left side part of the harming vehicle.

Ultimately, the Defendant caused injury to the victim F (the 36-year-old, female) of the victimized vehicle by occupational negligence as above, in detail, to the victim F (the 36-year-old, female) of the victimized vehicle, where two-day medical treatment is required.

2. Around 03:00 on July 18, 2013, the Defendant, while under the influence of alcohol at a 0.08% alcohol level, driven a portion of approximately 400 meters from Jeju Interlocking to MBC and rear.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A written statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. On-site and vehicle photographs;

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

1. Relevant Article of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act (the occupation of drinking and the selection of fines), Article 3 (1), the proviso to Article 3 (2) 8 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation of violation of the Act on Special Cases Concern

1. Of concurrent crimes, the former part of Article 37, and Articles 38(1)2 and 50 (total sum of amounts) of the Criminal Act are applicable.

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