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(영문) 창원지방법원 진주지원 2015.09.10 2015고정201
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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 a Category C driver car.

On July 23, 2014, at around 06:55, the Defendant driven the said vehicle under the influence of alcohol by 0.213%, and driven the said vehicle at a speed of 0.213%, and driven the two-lane road in front of the Halju Police Center in the Jlju-si, Jinju-si, at the direction of the Gu Jinju-si, at a speed of about 86 km.

In this case, a person engaged in driving of a motor vehicle has a duty of care to drive the motor vehicle safely by putting the front door and observing the speed limit.

Nevertheless, under the influence of alcohol, the Defendant neglected to proceed with a limited speed exceeding 20 km a speed of 20 km or more per hour, and led to the right-hand part on the left-hand part of the EFstetian car driven by the victim D(year 72) who had entered the same lane from the right-hand side to the right-hand side of the previous Jin-ray while moving back from the right-hand side to the right-hand side of the Defendant’s vehicle.

Ultimately, the Defendant suffered injury to the above victim, such as salt, tensions, etc. in need of treatment for about five weeks due to occupational negligence.

2. The Defendant violated the Road Traffic Act (driving a sound driving) driving of the said Saturday car in the state of alcohol of approximately 0.213% of alcohol concentration from the 1km section to the site of the accident as stated in the above paragraph (1) from the front of the “Fishing Shelling,” which is located in the direction of Jink-si at the time of the temporary border as stipulated in the above paragraph (1).

Summary of Evidence

1. The defendant's legal statement (the third trial date);

1. Written statements of D;

1. A traffic accident report and a traffic accident report;

1. A report on detection of a drinking driver and a statement in the circumstances of a drinking driver;

1. Medical certificate (Evidence 35 pages of evidence);

1. Responses to requests for the analysis of accident-related photographs and traffic accidents by the Road Traffic Authority;

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