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(영문) 부산지방법원 2016.11.11 2016고정2903
교통사고처리특례법위반등
Text

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

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B-man car.

On December 5, 2015, at around 20:45, the Defendant driven the above in the influence of alcohol level of 0.075%, and led the Defendant to turn to the left at the right from the radio station located on the side of the Tridong branch of the Korean National Bank, which is located in Young-gu, Busan, Young-gu.

In this case, a driver of a motor vehicle has a duty of care to prevent accidents in advance by safely driving the motor vehicle, such as reducing speed and thoroughly checking the traffic conditions on the front side and the right side, and accurately manipulating the steering gear, etc.

Nevertheless, when the defendant neglected to turn to the left as it was due to negligence, the defendant found Dlurma 125cc c, driven by the victim C(the age of 43) who was driven by the Korea Maritime University at the same dong-dong branch of Mapo-Anngngngngngngngngngngngngngngngngngngngngngng-do, and got beyond the floor in order to avoid shock.

As a result, the Defendant suffered from the Plaintiff’s occupational negligence, which caused approximately six weeks of medical treatment to the left-hand side.

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;

1. Photographs of the accident site;

1. A medical certificate;

1. Application of Acts and subordinate statutes to the report on circumstantial statements of a host driver and the report on detection of a host driver;

1. Relevant legal provisions concerning criminal facts, Article 3 (1), the proviso to Article 3 (2) and Article 3 (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) 3 of the Road Traffic Act, and the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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