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(영문) 의정부지방법원 고양지원 2015.04.17 2015고정95
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

1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person engaging in driving a vehicle BM3.

On September 17, 2014, the Defendant was under the influence of alcohol of 0.077% of blood alcohol concentration at around 03:15, and the Defendant was driving the said car at the speed of an underground parking lot of the village 6 complex underground parking lot at the speed of the speed below the speed of the underground parking lot, with the coming of 16 minutes at the high-syang-gu, Goyang-gu.

Since a bend is an access to an underground parking lot, a person engaged in driving of a motor vehicle has a duty of care to operate the motor vehicle in a safe manner by accurately operating the steering gear, brakes and other devices of the motor vehicle and by properly checking the front left.

Nevertheless, when the defendant neglected to do so, the defendant was driven by the victim C(53 years old) who was out of the right side of the mash underground parking lot (53 years old) on the part of the defendant's motor vehicle left front part.

As a result, the Defendant suffered injury to the above victim by negligence in the course of performing the above duties, such as fluoral salt, which requires approximately three weeks of medical treatment.

2. The Defendant violated the Road Traffic Act (driving) driving a BM3 vehicle under the influence of alcohol with a blood alcohol concentration of about 0.077% at the section of about 30 meters from the entrance of the six apartment complex of the village village to the site of the accident as set forth in paragraph 1, with a view to the coming 16 coming from the arrival of the Gyeyang-gu, Soyang-gu, Goyang-si.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in C;

1. Application of Acts and subordinate statutes to the survey report on actual condition, report on detection of a host driver, and medical certificate;

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act, the selection of fines for each crime;

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

1. The Criminal Act for the detention of a workhouse;

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