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(영문) 대전지방법원 논산지원 2016.01.15 2015고정56
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. On February 23, 2015, the Defendant driven a motor vehicle with alcohol content of about 0.082% in blood while under the influence of alcohol at approximately 100 meters from the roads front of the mutually influent restaurant in the safe-type city in the Ansan-si hearing at Seosan-si, Seosan-si to the roads front of the D pharmacy located in Seosan-si.

2. The Defendant is a person engaging in driving a passenger car as set forth in paragraph 1.

On February 23, 2015, the Defendant driven the said car while under the influence of alcohol, as described in paragraph 1, around 20:30, and made the turn to the right from the direction of the road of the second line of the D pharmacy located in Seosan-si C at Seosan-si.

At the time, since it is night and at least an intersection, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle along the lane by reducing speed and by checking well the right and the right of the road.

Nevertheless, the Defendant neglected to do so and went into operation on the right side of the horse by negligence, and received the Victim F (F) who crosses the road to the right side of the road without permission, as the front side of the said car.

As a result, the defendant suffered injury to the victim, such as salt, tension, etc. in a shoulder that requires approximately three weeks of medical treatment.

Summary of Evidence

1. Legal statement of witness F;

1. A protocol concerning the examination of the police officers of the accused;

1. A traffic accident occurrence report, a report on actual condition survey, a report on the detection of a driver at the scene of an accident, a report on the detection of a driver at the main place, and a report on

1. A CD accompanied by an investigation report (Attachment to video materials) prepared by the police;

1. Application of Acts and subordinate statutes to medical certificates attached to investigation reports (Attachment of medical certificates) prepared by the police;

1. Relevant Article of the Act on Special Cases concerning the Settlement of Traffic Accidents, Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act (the point of drinking), Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the selection of fines for each crime;

2. The former part of Article 37 of the Criminal Code, and Article 38(1)2 of the Criminal Code.

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