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(영문) 부산지방법원 2014.07.21 2014고정2309
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of 3.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On March 18, 2014, the Defendant injured by occupational negligence driven Samsung Bioba at B 125CC with a 0.101% alcohol concentration around 07:24, while under the influence of alcohol on March 18, 2014, and proceeded at a speed of about 20 to 30km each hour along the three-lanes along the three-lane road located at the center of Busan Jin-gu, Busan.

Since there is a section in which signal apparatus is operated, a person engaged in driving service has a duty of care to safely proceed in accordance with good faith.

Nevertheless, as seen above, the Defendant was negligent in violating and straighting down a stop signal while under the influence of alcohol, and from the direction of the route of the route of the route of the navigation of C(43 years old) in the direction of the Busan Traffic Authority to the direction of the route of the route of the route of the navigation of C(43 years old).

Ultimately, the Defendant caused the victim E (year 24) who was accompanied by the above Obama due to the above occupational negligence to suffer approximately six weeks of medical treatment, such as the joints of the right satisfaction and the joints of the victim.

2. The Defendant was under the influence of alcohol with 0.101% of the blood alcohol concentration on the date and time stated in Paragraph 1, and the Defendant was driving the above lebb in a section of approximately 500 meters away from the street in front of Busan-dong Busan-dong, Busan-dong to the intersection of the ebbridge in front of Busan-dong-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Reports (1), (2) on traffic accidents;

1. A report on the occurrence of a traffic accident and a statement on the occurrence of each traffic accident;

1. A copy of the ledger of use of the drinking-free measuring instrument, a circumstantial report on drinking drivers, and a report on detection of drinking drivers;

1. Application of the medical certificate, each photographic statute;

1. Relevant legal provisions concerning criminal facts, Article 3 (1), proviso to Article 3 (2) 1 and 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, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act, and the selection of fines;

1. Aggravation for concurrent crimes;

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