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(영문) 창원지방법원 2021.01.27 2020고단3169
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of KRW 10,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[Criminal Records] On November 13, 2018, the Defendant was sentenced to a fine of 1.5 million won as a crime of violating the Road Traffic Act (driving) at the Busan District Court.

[Criminal facts]

1. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) was a person engaging in driving of B mX125 124cc motor bicycles, and the Defendant 23:30 on August 28, 2020, driven a bicycle with the above engine device, and made a left turn to the left at the front of the 440-distance intersection at the 440-day Kimhae-si, Kimhae-si, Kimhae-si. In such a case, the Defendant, who is engaged in driving a motor device bicycle, has a duty of care to carefully examine whether there is a vehicle driving on the front or nearby lane, and to prevent the accident by driving at a speed.

Nevertheless, under the influence of alcohol level 0.077%, the Defendant, while driving the bicycle with the above engine device under the influence of alcohol level 0.07%, was negligent in changing the course from two lanes to one lane for left-hand turn while neglecting the duty of front-hand and left-hand turn while driving the bicycle, and the victim C (n, 27 years old) driving the same lane with the front side of the victim C (n, n, n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. k

2. On August 28, 2020, the Defendant was under the influence of around 23:20 on August 28, 2020, the Defendant driven a 440-lane from the road near the E Housing in Kimhae-si, Kimhae-si, and a 0.077% alcohol concentration in blood to the intersection of the shooting distance in front of the Kimhae-si tax office.

Accordingly, the Defendant driven a motor vehicle while under the influence of retoxicated as a person with the power of violating Article 44(1) of the Road Traffic Act.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report on the actual condition of traffic accidents, notification of the results of crackdown on drinking driving, and medical certificate;

1. Previous convictions before ruling: A reply to inquiries, such as criminal history, and a summary order.

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