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(영문) 창원지방법원 통영지원 2014.08.12 2014고정300
교통사고처리특례법위반등
Text

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

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 car of Cone Star.

On March 17, 2014, at around 22:10, the Defendant driven the above vehicle while under the influence of alcohol of 0.117%, and driven the front of the new gas station in the parallel of the macropyeong-si, at the same time, the two-lanes between the breadth and the breadth.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to ensure the necessary distance to avoid collision with the motor vehicle ahead and to prevent accidents in advance.

Nevertheless, the defendant is negligent in doing so and is proceeding.

The back part of the victim D(S) E 14t Cargo Vehicle was driven by the defendant.

The Defendant, by such occupational negligence, sustained injury to the victim D, which requires approximately two weeks of medical treatment, such as satise fumsat, tension, etc., and suffered injury to the victim F (38 years of age, women) who was accompanied by the Defendant’s vehicle, requiring approximately six weeks of medical treatment, such as the left satisfe fever, etc.

2. The Defendant violated the Road Traffic Act (driving) at the same date and time as stated in the preceding paragraph, and at the same place as stated in the preceding paragraph, driven a vehicle, such as the description in the preceding paragraph, in the state of drunk alcohol concentration of 0.117%, up to about 5 km prior to the accommodation of prisoners of war at the front of the instant high-speed, which is located in the front of the instant high-speed galecule, in the front of the instant

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. The actual condition survey report;

1. A report on detection of a host driver;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1), the proviso of Article 3 (2) and Article 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense (the point of driving while driving a motor vehicle);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment;

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