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(영문) 창원지방법원 밀양지원 2014.09.04 2014고정76
교통사고처리특례법위반등
Text

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

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

Reasons

Punishment of the crime

1. Around 02:10 on September 4, 2013, the Defendant was driving a B-crine car under the influence of alcohol of about 0.141% at the section of approximately 2 kilometers in the river of the river basin 2 in the river basin in the Gangseo-gu Seoul, Gangnam-gu, Seoul to the road of about 02:25 on the same day from September 4, 2013.

2. On September 4, 2013, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents: (a) driven the pertinent cruise car on September 4, 2013; (b) driven the said cruise car; and (c) driven the road of one lane in front of 291-74, Suwon-gu, Suwon-do, Suwon-do, as soon as possible along the one-lane from the right edge to the right edge in the direction of the National Rehabilitation Headquarters.

At all times, a person engaged in driving of a motor vehicle by an intersection with signal lights installed on the front side has a duty of care to view the front side and safely pass through the intersection in compliance with signal signals.

Nevertheless, as in paragraph (1), the Defendant, by negligence in the course of duty violating the signal while under the influence of alcohol, had the victim C(35 years of age) drive D 124CC, who was driven by the victim C(35 years of age) under the new line, knee knee Park, etc., who requires approximately three weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;

1. The actual survey report, the report on the occurrence of a traffic accident, the diagnosis certificate, and the signal cycle tag;

1. Each report on investigation;

1. Application of the Acts and subordinate statutes on CCTV recording CDs at the time of an accident, photograph of the accident vehicle, on-site photograph;

1. Relevant legal provisions concerning criminal facts, Article 3 (1), proviso of Article 3 (2) 1, Article 3 (2) 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, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;

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