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(영문) 서울동부지방법원 2015.11.05 2015고단2696
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 3,500,000.

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 motorcycle B.

On July 14, 2015, the Defendant driven the above motorcycle while under the influence of alcohol of 0.083% of blood alcohol concentration around 10:03, and led the two-lanes in front of Seongdong-gu Seoul to drive about 45km each hour at a speed of 45km from the gold shooting distance to the gold market three-lane.

At that time, there is a center line of yellow solid lines, and there is a crosswalk installed with signal apparatus in front of the defendant's moving direction, so in such a case, the driver of the motor vehicle has the duty of care to safely drive the motor vehicle after checking whether there is a person who gets to walk the crosswalk by observing the new and the motor vehicle lines and by checking well the right and the right of the front and right of the motor vehicle.

Nevertheless, in order to overtake and drive a parked vehicle according to the stop signal while under the influence of alcohol, the Defendant violated the above stop signal, and was placed on the right side of the victim D (Nam, 8 years old) who walked on the above crosswalk along the pedestrian signal, while driving along beyond the center line, and was placed on the right side of the motor vehicle along the direction of the motor vehicle.

Ultimately, the Defendant caused the above victim by negligence in the course of performing the above duties to suffer injury, such as cutting the foundation at the bottom of the breath, which requires approximately six weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A traffic accident report, actual condition investigation report;

1. A drinking-using driver report and a drinking output report;

1. Each written diagnosis;

1. Each report on investigation;

1. Application of each statute on photographs;

1. Article 3 (1), the proviso to Article 3 (2) 1, 2, 6, and 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 concerning criminal facts;

1. Liability insurance: The fact that the error of choosing each of the selective fines for punishment is against the depth;

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