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(영문) 창원지방법원 통영지원 2015.02.06 2014고정592
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. On July 30, 2014, the Defendant, at around 21:59, driven B two-wheeled vehicles in the state of alcohol alcohol concentration of about 0.084% at the same 22:0 of the same day, starting from the road in front of the Mapdong Mapdong Mapdong Mapdong Mapdong, and driving the B-wheeled vehicle in the state of drinking alcohol concentration of about 0.084% at the same 20 meters to the front of the Ma

2. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving a two-wheeled motor vehicle with B Cit 100 (G).

On July 30, 2014, at around 22:00, the Defendant driven the above vehicle while under the influence of alcohol of 0.084% with blood alcohol concentration, and led to the intersection of the distance in front of the Hop apartment in the Hopung-dong, Jung-gu, Ho-dong, Taegu, Taegu, Samsung Heavy Industries to the airspace of the main apartment in the Gu.

It is an intersection in which traffic is not controlled by signal, etc., and the defendant was trying to enter a wide road. As such, a person engaged in driving service has a duty of care to check whether there is a vehicle entering the intersection by reducing the speed or temporarily suspending the width, and to check whether there is a vehicle entering the intersection according to the wide road.

Nevertheless, the Defendant, while under the influence of alcohol, went off with the bicycle driven by the victim C(the age of 21) who was going to cross-section from the direction of the vehicle in the direction of the vehicle in question by negligence.

As a result, the defendant suffered injuries, such as kneee knee knee knee kne, which requires treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A fact-finding survey report and a report on detection of a host driver;

1. On-site photographs;

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

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and proviso to 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) 3 of the Road Traffic Act, 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.

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