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(영문) 춘천지방법원 강릉지원 2014.11.05 2014고정394
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 person who is engaged in driving a observer car in B.

1. On July 23, 2014, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents, while driving the said vehicle under the influence of drinking around 07:13, and driving the said vehicle at a speed of no more than 35 hours from the kingsan-ri, Seogsan-ri, the 35th national map of the kingsan-ri, Seogsan-ri, the kingsan-ri, the king-ri,

At the time, the road is a road where a yellow solid line is located. Since the rain and the surface were honding and bended to the right, a person engaged in driving service has a duty of care to reduce the speed in advance, thoroughly the front speed, and safely proceed along with the vehicle line to prevent traffic accidents.

Nevertheless, the part of the front driver's vehicle operated by the injured party C(32 years of age) who was under normal direct control in the opposite part of the traffic by negligence of the central line was able to receive the front driver's vehicle in front of the accused vehicle.

As a result, the Defendant suffered injury to the victim, such as catum catum, which requires approximately two weeks of medical treatment due to occupational negligence as above.

2. A violation of the Road Traffic Act (driving) was driven by the Defendant at a temporary border of 0.094% (as a result of measurement) the blood alcohol concentration of 0.094% (as seen above 1.1.), the Defendant operated the said vehicle at approximately 60km section of the Baekdudaegan to the 35-meter section of the national highways, which is located on the roads of Gangseo-si, Yung-si, Yung-si, Gung-si, Gung-si.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A report on detection of a host driver;

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

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

1. From among concurrent crimes, the punishment provided for in the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act;

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