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(영문) 전주지방법원 2016.04.19 2016고정48
교통사고처리특례법위반등
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

1. On October 10, 2015, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”), driving a B rocketing car as a duty, and driving a car in front of the North Korean branch of the Korean Teachers’ Union prior to the 451 Korean Teachers’ Union (hereinafter “Korean Teachers’ Union”) with the left-hand turn-hand turn-hand turn-hand turn-off from the opposite direction to the stadium distance, according to good faith.

The driver of a motor vehicle has a duty of care to safely drive the motor vehicle by accurately manipulating the apparatus such as the electric-side system, brake system and steering gear at all times.

Nevertheless, the Defendant, while under the influence of 0.101% alcohol level in blood, deemed the direct and left-hand signal to be a direct and right-hand signal during his/her operation, and received the back wheels of the victim C(Y 24 years old) who is waiting for the signal prior to his/her operation as the front part of the Defendant’s car.

Thus, the defendant suffered injury to the victim by negligence in the above business, such as the salt and tension of the chill that requires approximately two weeks of medical treatment.

2. On October 10, 2015, the Defendant violated the Road Traffic Act (drinking driving) driving approximately 2 km from the middle school in front of the middle school of the 67 main week in the front of the 451 comprehensive stadium distance, under the influence of alcohol leveling 0.101% during blood transfusion at around 02:55 on October 10, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A traffic accident report, an accident vehicle photograph, and a traffic accident report;

1. A report on the detection of a driver at the main place, a report on the circumstances of the driver at the main place, and a report on whether he is dangerous;

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

1. Relevant Article 3(1) and the proviso to Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents by the Selection of Punishment, Article 268 of the Criminal Act, Articles 148-2(2)2 and 44(1) of the Road Traffic Act, and the selection of fines for each crime;

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.

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