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(영문) 의정부지방법원 2015.08.13 2015고정1443
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of two 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 drives a CT100 C wheeled Vehicle.

1. On April 29, 2015, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”) proceeded at a speed of about 10km per hour in the direction of a movement in the direction of a household movement, depending on the two-lanes of three-lane roads in the southyang-si, Namyang-si, the alcohol content of which is 0.070%.

In such cases, the driver of a motor vehicle shall accurately operate the steering system, brakes and other devices of the motor vehicle, and shall not drive the motor vehicle at such speed or in such a manner as to inflict any danger and injury on others according to the traffic conditions of the road and the structure and performance of the motor vehicle, and has the duty of due care to prevent accidents in advance by driving the motor vehicle in a safe manner.

Nevertheless, the Defendant neglected to do so and proceeded as it is, and the Defendant shocked the front part of the Defendant’s driver’s vehicle, which was driven by the victim E (the age of 34) in the same two-lanes in the same room.

As a result, the Defendant suffered injury to the above victim, such as dump salt, tension, etc., which requires approximately two weeks of medical treatment due to occupational negligence as above.

2. Around 00:30 on April 29, 2015, the Defendant driven the said two-wheeled vehicle under the influence of alcohol content of 0.070% from the front day of the “cat elementary school” in the Namyang-si Movement, Namyang-si to the front day of the “cating school” road in the same city of 393, 393.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. The actual survey report and the occurrence of traffic accidents;

1. Report on the circumstances of a drinking driver and report on the control of drinking driving;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3(1) and Article 2(1)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, Article 148-2(2)3 and Article 44 of the Road Traffic Act concerning criminal facts;

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