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(영문) 부산지방법원 2014.11.21 2014고단7054
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine not exceeding five million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B-to-pur vehicle.

1. On August 6, 2014, at around 01:30, the Defendant driven the said car while under the influence of alcohol with approximately 600 meters alcohol concentration of about 0.182% from the section of approximately 600 meters from the D theaters located in the Busan East-gu C to the E-mail located in C.

2. At the time and time indicated in Paragraph 1, the Defendant driving the said car under the influence of alcohol and driving the front road in Busan Eastdong-gu C along the two-lanes from the Geum River Park to the electronic public notice surface, and changed the two-lanes into the two-lanes.

In this case, a person engaged in driving of a motor vehicle has a duty of care to safely change lanes after examining whether there is a vehicle that is being driven by reducing speed and checking the right and the right of the road well.

Nevertheless, under the influence of alcohol, the Defendant did not discover a G taxi driven by the F, which was driven in the two-lanes, and changed the lane as it is, caused by the negligence of changing the lane to the right-hand part of the said car, and received the front part of the said taxi on the left-hand part of the said taxi, and suffered a light fluoral fum in need of approximately two weeks of medical treatment to the passenger victim H (V, 35 years of age) aboard the said taxi.

Summary of Evidence

1. Defendant's legal statement;

1. A H statement;

1. Application of Acts and subordinate statutes to requests for appraisal, reports on diagnosis and written diagnosis;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents by Relevant Acts concerning criminal facts, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act (the point of a sound driving);

1. Selection of a fine shall be made by taking into account the fact that the previous penal power is limited to one time, the degree of damage to a victim is not much severe, and the victim has agreed smoothly with the victim, but the amount shall be determined in consideration of all the factors of sentencing;

1. The Criminal Act among concurrent crimes.

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