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(영문) 춘천지방법원 속초지원 2013.10.16 2013고정153
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant is engaged in the duty of driving two cargo vehicles.

1. On May 14, 2013, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”) driven the above cargo vehicle at a speed of about 20 km from the mar apartment to the intersection of the GS25 convenience point in the GuS25 convenience point at the early intersection of the early intersection.

In such cases, since a person engaged in driving of a vehicle was a blind-distance crossing without signal at the time, there was a duty of care to temporarily stop the vehicle before entering the intersection and properly see the left and the right, and if there is a vehicle driving the vehicle, there was a duty of care to yield the course to the vehicle to prevent the accident.

Nevertheless, the Defendant, while under the influence of alcohol level 0.095%, neglected the above duty of care and went beyond the road by neglecting the above duty of care on the part of the Defendant’s vehicle loaded on the right side of the DNA enzyll, which was driven by the victim C (Nam, 72 years of age) driving from the front right side of the Madzyll, which was driven by the victim C (Seoul, and 72 years of age).

Therefore, the Defendant suffered injury, such as a ductal brus, which requires approximately eight weeks of medical treatment, due to the above occupational negligence.

2. Around 09:00 on May 14, 2013, the Defendant driven the above cargo vehicle under the influence of alcohol content of about 0.095% at a distance of about 700 meters from the front day of the Young Fishery Products Center located in the Seocho-si, Seocho-si to the front day of the GS25 convenience store located in the same Dong until around 09:10 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on the occurrence of a traffic accident, current report, and photographs related to a traffic accident;

1. A report on detection of a host driver;

1. Report of investigation (indeption calculation);

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3(1) and the proviso to Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act;

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