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(영문) 창원지방법원 거창지원 2015.04.29 2015고정26
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

A. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving of C Poter Cargo Vehicles.

On November 27, 2014, the Defendant driven the above cargo while under the influence of alcohol of 0.117% with a blood alcohol concentration of 15:30% on November 27, 2014, and proceeded at a speed of 20-30km from the south side to the high-speed village at the speed of 20-30km from the south side of the entrance of the Jin-ri High Village in the southwest-gun.

Since there is a road from a bend to the right side without distinguishing the center line, a person engaged in driving service has a duty of care to prevent accidents, such as accurately manipulating the steering gear and brake system and operating it to the right side of the road, while lowering the speed.

Nevertheless, the defendant neglected this and proceeds to the south side of the high-speed village.

The part of the front part of the E rocketing car was received as the front part of the Defendant’s vehicle in the case of the victim D(47 years old) driving.

In the end, the defendant suffered injury, such as salt ties and tensions, which require two weeks of treatment due to the above occupational negligence of the victim.

B. At around 15:30 on November 27, 2014, the Defendant driven a C Poter under the influence of alcohol content of about 0.117% from the 16km section to the front road of the Jinho-ri Village in the south-gun, Chang-gun, Chungcheongnam-gun, Chungcheongnam-do.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A traffic accident report, an employment report on an employment of an employee, and a report on the actual state of an employee;

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

1. Relevant legal provisions concerning criminal facts, Article 3(1) and proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and the Criminal Act;

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