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(영문) 수원지방법원 성남지원 2015.09.09 2015고정751
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a two-wheeled motor vehicle.

1. On March 23, 2015, the Defendant driven the above vehicle at around 17:25, and turned the two-lanes of the two-lane C in front of the Southern City, Hanam-si, from the lower bank to the Seoul bank, at the lower bank.

In this case, a driver of a motor vehicle has a duty of care to safely avoid a stop for the signal atmosphere when the driver of the motor vehicle stops well.

Nevertheless, the defendant neglected to do so and led the victim D(38 years of age, female) to the front part of the above vehicle, which was driven by the victim D(D).

As a result, the Defendant suffered injury to the victim, such as salt, tensions, etc. in the part of the bed and the bed part of the bed part, which requires approximately two weeks of treatment due to the above occupational negligence.

2. On March 23, 2015, around 17:25, the Defendant driven the said vehicle while under the influence of alcohol from the 330-7 Do-dong, Sunam-si to the point of accident under the above 1.1.m. to the point of accident, the Defendant driven the said vehicle under the influence of alcohol at approximately 2 kilometers of alcohol concentration 0.056%.

3. The Defendant is a holder of two-wheeled automobile BL125.

No vehicle which is not covered by mandatory insurance shall be operated on a road.

Nevertheless, the Defendant operated the said vehicle at the temporary location of the foregoing 1.1.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

1. Article 3(1) and the proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2(2)3 and Article 44(1) of the Road Traffic Act, Article 46(2)2 and Article 8 of the Guarantee of Automobile Accident Compensation Act, and Article 16(2)1 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, shall be punished by a fine, respectively.

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