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(영문) 부산지방법원 2014.08.19 2014고정2685
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who drives a EXP car.

1. On February 24, 2014, the Defendant driven the said car at a distance of approximately 100 meters from the front of the modern apartment guard room located in the same Dong and located in the front of the cafeteria which is located in the city of Busan which is under the influence of alcohol by 0.234% of the blood alcohol concentration around 16:25.

2. The Defendant driving the vehicles mentioned in Paragraph 1 above at the time and time stated in the above Paragraph 1 above, thereby proceeding the front road of the modern apartment in front of the modern apartment at the direction of the entrance of the modern apartment at the entrance to the non-speed direction of the modern apartment.

In such cases, the defendant should not drive a vehicle in drinking condition, confirm whether the vehicle is coming before, after and after, and on the right and right side, and there was a duty of care to not drive a vehicle beyond the opposite line.

Nevertheless, the Defendant neglected this and driven a lane on the right side of the road in the same drinking state as described in paragraph (1) above, due to the negligence of driving the lane on the left side of the road, which is facing the direction of the entrance of the modern apartment house in the fourth direction of the modern apartment. In this case, the victim C(the age of 44) driver's car driving seat of the modern apartment in the direction of the entrance of the modern apartment, followed the defendant's vehicle by the driver's vehicle, and caused the victim's injury, such as the catal sect, which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the occurrence of a traffic accident C;

1. A traffic accident report, a traffic accident occurrence report, a report on the detection of a drinking driver, and a report on the status of the driving of a drinking practice;

1. A medical certificate;

1. Application of the photographic Acts and subordinate statutes;

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

1. The Criminal Act among concurrent crimes.

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