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(영문) 창원지방법원 2014.05.13 2014고정342
교통사고처리특례법위반등
Text

1. Defendant shall be punished by a fine of 5,000,000 won;

2. Where the defendant does not pay the above fine; 50.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a car in Category B.

On December 9, 2013, the Defendant, while under the influence of alcohol of 0.108% of blood alcohol concentration on 14:50%, driven the above vehicle at the Changwon bus terminal in Changwon-si, Changwon-si, Changwon-si, which was about 3 kilometers away from the place, led directly to the intersection of the education complex, which was about 3 kilometers away from the place, to the area of Changwon Hospital room in the vicinity of the training complex, which was the 3 kilometers away from the place.

Since the location is a tri-distance intersection where signal lights are installed on the front side, the driver of the vehicle has a duty of care to safely drive the vehicle on the front side by driving the vehicle safely by putting the speed of the vehicle and accurately operating the brake system while driving the vehicle on the front side.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent by neglecting his duty of care and was at the same time stopped in a signal atmosphere at the bend of the bend, was driven by the victim C(33 years of age) driving, and the part of the panion was driven by the front part of the Defendant’s driving vehicle.

Ultimately, the Defendant caused the victim to suffer injury, such as salt, tension, etc. of the bones of wood, which requires approximately two weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident, a report on the occurrence of a traffic accident, a report on the actual condition of a traffic accident (1) and a report on the actual condition of a traffic accident (2);

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

1. C's statement on the occurrence of traffic accidents;

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

1. Relevant legal provisions concerning criminal facts, Article 3 (1), the proviso to Article 3 (2) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and the selection of fines;

2. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable.

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