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(영문) 의정부지방법원 고양지원 2015.04.17 2015고정83
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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 BM5.

On September 14:15, 2014, the Defendant driven the above vehicle while under the influence of alcohol of 0.227% of blood alcohol concentration, and led to two-lanes of the two-lanes between the two-lanes to the right-pass road from the right-passing distance to the free-pass road from the right-passing distance.

In this case, a person engaged in driving service has a duty of care to prevent accidents by accurately manipulating the steering gear and brakes of the vehicle and to prevent accidents.

Nevertheless, the Defendant, while under the influence of alcohol, driven a vehicle without operating the steering gear properly without operating the steering gear, by negligence, received the front part of the D SM5 car driven by the injured party C (W, 38 years old) who driven in one lane in the same direction as that of the horse.

As a result, the Defendant suffered, by negligence in the above business, a scarcity of a scarke wall that requires a day medical treatment to the above victims C, and a scarke for the victim E (V, 88 years old), who was on board the above scar, with approximately a week medical treatment, respectively.

2. The Defendant violated the Road Traffic Act (driving a sound driving) in the form of alcohol alcohol 0.227% at a section of about 2 km from the “CU convenience store” in front of the “CU convenience store,” which is located in the legal interest of the PU convenience, to the access road, which is the place of accident as referred to in paragraph (1), at the same time and at the same time.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in C;

1. A survey report on actual condition, a report on detection of a host driver, and a medical certificate;

1. Application of the photographic Acts and subordinate statutes;

1. Article 3(1), proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act and Article 148-2(2) of the Road Traffic Act concerning criminal facts.

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