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(영문) 전주지방법원 남원지원 2014.07.01 2014고정44
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 4,500,000.

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

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person engaging in driving a rocketing car.

On March 30, 2014, the Defendant driven the said car with a blood alcohol concentration of 0.127%, while under the influence of alcohol on March 30, 2014, and led the Paris Track road in front of the Paris Don-dong in the Southern-si, Southern-si, to the C Apartment from the side of the Guju apartment.

At the time, the center line of the yellow-ray is installed at night, and there is a place where the center line of the yellow-ray is installed, so a person engaged in driving service has a duty of care to safely drive the motor vehicle, and to safely drive the motor vehicle.

Nevertheless, the defendant neglected this and was driven by the victim D (year 59) who was under way in the opposite direction of the defendant due to the negligence of driving the center line while under the influence of alcohol as above, and received the front portion of the EM5 si in front of the defendant's car.

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

2. On March 30, 2014, at around 21:47, the Defendant: (a) driven a B rocketing car under the influence of alcohol with a blood alcohol concentration of about 0.127% from the 1km section from the front side of the friendly apartment running in the Southern-si Doro to the front road of the Paris Dondong located in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. The actual condition survey report;

1. An accident site photograph;

1. Report on detection of a host driver and report on the circumstances of a host driver;

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

1. Relevant Article of the Act on Special Cases Concerning the Settlement of Traffic Accidents and Special Cases Concerning the Selection of Punishment, Article 3 (1), the proviso of Article 3 (2) 2 and 8 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Articles 148-2 (2) 2 and 44 (1) 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. Article 70 of the Criminal Act for the Detention of Labor House Head.

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