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(영문) 춘천지방법원 2014.09.25 2014고정340
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

1. On January 14, 2014, the Defendant driving a B Sti-type car under the influence of alcohol level of about 0.152% in the section of about 2 km to the same Eup’s annual salary route from the front of the “new real estate in the Hongcheon-gun Hongcheon-gu Hongcheon-gu Hongcheon-gu Sacheon-gu Sacheon-do,” through the “new red real estate” located in the same Eup’s annual salary rate from the front of the “new real estate in the same Eup.”

2. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in driving a vehicle in the B SP area.

On January 14, 2014, the Defendant driven the above car at around 21:10, and operated it at the annual salary of Hongcheon-gun, Hongcheon-gun, Hongcheon-gun, Hongcheon-do, and led to the left turn to the third apartment on the side of Korean power.

At night, there was a special duty of care to yield the passage of the vehicle, since the vehicle was at night, and the vehicle was at a private distance crossing where traffic control is not carried out, so there was a duty of care to confirm whether there was a direct driving vehicle prior to the left-hand turn to the person engaged in driving of the vehicle.

Nevertheless, the Defendant neglected this and did not discover the CA110 Orala, which was driven by the injured party C (the age of 36) who was driven in the opposite direction due to occupational negligence while driving under the influence of alcohol, such as Paragraph 1, and did not turn to the left, and caused the injured party to go to the road by shocking the front wheel part of the car of the Defendant's car.

After all, the Defendant suffered injury to the victim, such as brain salvin, which requires medical treatment for about two weeks due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report on traffic accidents;

1. C’s statement;

1. A report on detection of a host driver;

1. Requests for appraisal;

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

1. Article 3 (1), the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment for Criminal Facts;

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