(영문) 제주지방법원 2013.08.14 2013고단785

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(영문) 제주지방법원 2013.08.14 2013고단785

교통사고처리특례법위반등

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

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

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person engaging in driving a CK5 vehicle.

On May 19, 2013, at around 01:30, the Defendant driven the said vehicle under the influence of alcohol of 0.091%, and proceeded at a speed of about 30 km per hour, depending on the one-lane distance from the old cultural knife distance to the new knife, in order to link the said vehicle at Jeju at a speed of 0.01%.

At the time, it was night and non-working, and its location was the intersection installed in the front side, so there was a duty of care to check whether there is a person who gets on the way to reduce the speed and check the front side and the right and the right and the right of the driver, and to drive safely.

Nevertheless, under the influence of alcohol, when the suspect was negligent in neglecting the front left, and continuously proceeded at the same speed without living well, the suspect received the victim D(52) who crosses the front right from the left side of the crosswalk from the victim D(the age of 52) to the right side, and turned it over the floor.

Ultimately, the Defendant caused the victim to suffer a head cover with approximately six weeks of treatment due to the above occupational negligence.

2. Around 01:30 on May 19, 2013, the Defendant driven a CK5 vehicle under the influence of alcohol leveling 0.091% from a new Jeju public parking lot, which is linked at Jeju to the crosswalk, to the crosswalk in front of the CU interlock store.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A report on detection of a host driver and a report on the circumstantial statement of a host driver;

1. A medical certificate;

1. Application of the relevant photographs and Acts and subordinate statutes on accident site photographs;

1. Article 3 (1), the proviso of Article 3 (2) 6 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning facts constituting an offense, and Article 3 (1), Article 3 (2) 6 and 8 of the Act on Special Cases concerning the

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