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(영문) 수원지방법원 안산지원 2014.01.07 2013고정2026
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On July 6, 2013, the Defendant driven CL125 Obaba in a state of under the influence of alcohol content 0.181% without a motorcycle driver’s license from the 1km section to the front road of the Ansan-si 118-12 of the same 118-7 Dongdong Sports Park at the end of the same 1km-si.

2. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents and the Road Traffic Act and the Defendant in violation of the Road Traffic Act are those engaged in driving service. As described in the above paragraph (1), the Defendant, while under the influence of alcohol, was driving a two-lane road in front of the Dong Sports Park without a driver’s license, was driving along the EK5 taxi vehicles driving in the direction of the victim D(the age of 41, South) in the direction of the park in the direction of the park.

A person engaged in driving service has a duty of care, such as maintaining and operating a safe distance that can be avoided when the vehicle stops or stops in good condition.

Nevertheless, the left-hand side of the damaged vehicle which is bound by the vehicle's body was completely shocked by Defendant Otoba.

Ultimately, the Defendant suffered injury to the victim by negligence in the above-mentioned occupational negligence during approximately two weeks of tensions and tensions, and damaged approximately KRW 1,856,496 of the repair cost on the said damaged vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Medical certificates and records of outpatients;

1. Written estimate;

1. The register of actual condition survey reports, traffic accident occurrence reports, reports on detection of drinking drivers, records, reports on the actual state of driving, and driver's licenses;

1. Application of the relevant Acts and subordinate statutes to photographics, damaged vehicle booms video files, CDs and caps;

1. Relevant laws concerning criminal facts, Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act (a point of sound driving), and subparagraph 2 of Article 154 of the Road Traffic Act;

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