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(영문) 부산지방법원 2020.10.07 2020고정927
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

Where the defendant does not pay the above fine, one day shall be 10.

Reasons

Punishment of the crime

1. On March 15, 2020, at around 01:07, the Defendant driven a bicycle under the influence of alcohol at a distance of about 300 meters from the 300-meter radius to the e-point located in D from the c bank Soksan East-dong, Busan, to the e-point located in D.

2. On March 15, 2020, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) and the Road Traffic Act (hereinafter “Road Traffic Act”) and the Defendant driving the said bicycle under the influence of alcohol concentration of 0.118% on the roads front of the E store located in Busan B-gu, Busan, and crossing it from the E surface to the F point of view.

At the time, the above road is an six-lane road, and a person who drives a bicycle on the crosswalk and signal, if it is likely to obstruct the normal passage of pedestrians or other vehicles and horses, has a duty of care not to cross, walk, or go behind the road by driving a bicycle.

Nevertheless, the Defendant neglected this and crosses the road at a place other than the crosswalk for pedestrian signal signal signal signal, and, in this case, she shocked the victim H driver's Haststun taxi driver, etc., who was in the middle line from the area of the intersection to the G room on the side of the intersection, with the front wheels of the bicycle.

As a result, the Defendant suffered injury, such as a bridge, which requires medical treatment for about three weeks by the victim JJ, who was on board the back seat of the said taxi due to the above occupational negligence, and caused damage to the damaged vehicle, which requires repair of approximately KRW 1,014,378 on the part of the damaged vehicle.

Summary of Evidence

1. Application of Acts and subordinate statutes to a written statement prepared by the defendant in his/her legal statement, a written diagnosis of drinking driving and control results, and a written estimate;

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, Article 151 of the Road Traffic Act, and Article 151 of the same Act concerning criminal facts;

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