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(영문) 춘천지방법원 속초지원 2014.07.16 2014고단146
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

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 who is engaged in driving C enz. 125cc non-legal services.

On April 1, 2014, the Defendant, while under the influence of alcohol on April 1, 2019:20, driven the above Oral Ba, and led the front road of the Hadong Elementary School Sports Center from the Layal apartment to the latter part of the Hadong Elementary School at the speed of 20 to 30km.

At the same time, since there was no separate sidewalk, a driver of a vehicle has a duty of care to prevent accidents by checking whether there is a pedestrian by properly examining the left and right of the front side of the vehicle, and by accurately operating steering devices and brakes.

Nevertheless, the Defendant had the victim D (here, 15 years old) who walk the above road go beyond the upper part of the front part of the front part of the 15-year-old road due to the negligence of the Defendant’s failure to properly examine the front part of the road.

As a result, the Defendant suffered a variety of diversatory typology, such as slots, which require approximately two weeks of treatment, from the above occupational negligence.

2. On April 1, 2014, at around 19:10, the Defendant driven a Korean central market located in Seocho-si Centraldong on the same day from around 19:20 on the same day to the front road of the school, elementary school, sports center, and sports center in the same city, Dong-dong 19:20 on the same day, while under the influence of alcohol, the Defendant driven a C enzypt 125cc non-fluoral in the state of under the influence of alcohol concentration of about 0.093% at the 3km section.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The actual survey report and photographs concerning traffic accidents;

1. Statement of employer-employed drivers, and statement of employer-employed drivers;

1. Application of the Medical Certificate (D) Acts and subordinate statutes;

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, Article 148-2(2)3 and Article 44(1) of the Road Traffic Act, and the choice of fines, respectively;

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