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(영문) 서울동부지방법원 2015.11.11 2015고정1419
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The Defendant is a driver of a passenger car in the Stity area B.

On July 8, 2015, the Defendant driven the said car under the influence of alcohol level of 0.092% at around 22:19, and entered the road at the “Dcafeteria parking lot” located in Gwangjin-gu Seoul Special Metropolitan City, and made a left turn to the left at the seat of the hotel to be opened.

At the same time, a driver of a motor vehicle is at a distance crossing without a signal, and in such a case, a driver of a motor vehicle is obliged to safely drive the motor vehicle prior to the left-hand turn, such as checking the traffic situation on the front side and whether a motor vehicle traveling along the intersection has a duty to safely prevent an accident by driving the motor vehicle, despite the fact that he/she had the duty of care to prevent an accident by neglecting it, the victim E (53 years old) who was on the part of his/her own in the direction after the Han River hotel in the occupational negligence operating the motor vehicle and was indicted by stating the victim's age as "5 years old," but the victim's age at the time was clearly stated as "5 years old," under evidence, and even if the correction was made ex officio, it does not interfere with the defendant's right to defense. The victim's bicycle was found later and the victim's bicycle

In this regard, the defendant suffered a scarcity in need of approximately two weeks of treatment for the victim through occupational negligence as above.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Each statement of E and F;

1. A report on the statement of the status of a drinking driver, and a report on the status of a drinking driver;

1. Smoking photographs, photographs at the scene of an accident, and photographs to cut a black stuffe image;

1. A traffic accident report;

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

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act, Article 148-2 (2) 3, and Article 44 (1) of the Road Traffic Act (the point of sound driving and the selection of fines) concerning criminal facts;

1. Aggravation for concurrent crimes;

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