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(영문) 창원지방법원 통영지원 2014.11.26 2014고정73
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving the CM5 vehicle volume.

On July 10, 2013, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents, while under the influence of alcohol 0.190% of the blood alcohol concentration on July 10, 2013, was driving the said car and was moving back within the public parking lot of the Rool-dong reclaimed land.

It is a fee parking lot under the Parking Lot Act and a place where there are many people in packaging in the parking lot, so a person engaged in driving a motor vehicle has a duty of care to look at the front, rear and left well, and to accurately operate the steering and brakes.

Nevertheless, under the influence of alcohol, the part of the victim's upper part of the rear part of the vehicle driven by the defendant, which was negligent, was left behind the victim's upper part of the vehicle.

The Defendant suffered by negligence on the part of the victim the injury of salt panion, etc. requiring approximately two weeks of medical treatment.

B. Violation of the Road Traffic Act (driving) the Defendant driven the said vehicle under the influence of alcohol concentration of 0.190% in a public parking lot located in the roof-dong reclaimed land at the time of the said accident at the time and time.

Summary of Evidence

1. Partial statement of the defendant;

1. Witnesses D and E's respective legal statements;

1. Statement of the police statement concerning F;

1. Application of the Acts and subordinate statutes to the traffic accident occurrence report, driving report, report on the actual condition of a driver, survey report on the actual condition of a driver, field photograph of a traffic accident, medical certificate, and the results of the regulation of drinking driving;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70(1) and 69(2)1 of the Criminal Act for the detention of a workhouse;

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