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(영문) 제주지방법원 2015.03.30 2015고정126
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

The defendant is a person who is engaged in driving a CF car.

On December 3, 2014, at around 02:10, the Defendant driven the said car while under the influence of alcohol of 0.114% of blood alcohol concentration, and led to the flow of the car at the port of Jeju, along with the two-lanes of the 291 gradon distance, the two-lanes of the 291 gradon-distance in front of the 291 gradon-distance.

At the time, there are nights, and there is a place where traffic is controlled by signal apparatus, so in such a case, the Defendant, who is engaged in driving of a motor vehicle, has a duty of care to prevent the occurrence of the accident by driving the front and rear left well, etc.

Nevertheless, the Defendant neglected to do so and neglected to do so at the front of the Defendant’s vehicle, and did not find the victim D (the 58-year-old cab) drive in front of the Defendant’s vehicle, and proceeded without finding the victim’s rocketing taxi in front of the Defendant’s vehicle, and received the back part of the victim’s vehicle.

The Defendant, due to the above occupational negligence, suffered injury to the victim, such as catum salt, tension, etc. requiring around three weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A report on the occurrence of a traffic accident, a report on actual condition investigation, on-site map, and photograph;

1. Report on the results of the control of drinking driving, and report on the state of drinking drivers;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant provisions of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Punishment: Article 3 (1), the proviso of Article 3 (2) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act (the point of a sound driving).

1. Concurrent Crimes: former part of Article 37, and Articles 38 (1) 2 and 38 (2), and 50 of the Criminal Act (Provided, That the lowest limit shall be the same as the crime of violation of the Road Traffic Act);

1. Detention at a workhouse: Articles 70(1) and 69 of the Criminal Act;

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