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(영문) 의정부지방법원 2015.05.18 2015고정899
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 2,500,000.

Where a defendant fails to pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is engaged in driving of his own Class B or Class III cargo vehicles. A.

On December 8, 2014, around 17:07, the Defendant continued two-lanes of the front road C from the high-Eup east to the speed of east.

There are three-distance crossings where traffic is controlled by signal apparatus.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to view the front side and safely enter the intersection in accordance with the direction of signals, and not to drive a motor vehicle while under the influence of alcohol.

Nevertheless, the Defendant neglected this and caused a traffic accident of the victim D(39 years old) driving e-e-mail vehicle, which entered the high-speed east to cross-section from the top of the gym signal, when entering the cross-section in the condition of red signal without putting the signal apparatus on a proper view of the blood alcohol level of 0.086%.

As a result, the Defendant, by negligence in the course of performing duties, sustained injury to D drivers of damaged vehicles, such as salted tensions and tensions, etc., of the 2-day troke for the 19th century, and to FF (the age of 49) of the troke for the 2-day troke.

B. The Defendant driven the above vehicle at the 4.8km section at the G apartment parking lot in Yangju-si, the Defendant’s residence, while under the influence of 0.086% of the above temporary location and blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. A written report on the occupancy of a motor vehicle from the driver;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes of each written diagnosis;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of penalty;

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