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(영문) 부산지방법원 동부지원 2014.10.23 2014고정1146
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of Eone Star or Vehicle.

On April 27, 2014, under the influence of alcohol at 0.062% on blood alcohol level around 21:50, the Defendant driving the said vehicle and driving the said vehicle on the road in front of the “D Cosmetics shop” located in Busan Shipping Daegu C at the port of the shipping lessee’s high school to turn to the left at an influorous speed. In such a case, there was a duty of care to check whether a person engaged in driving the vehicle, and to safely drive the vehicle in front of the “D Cosmetics shop” at the seat of the shipping lessee’s high school, and it was difficult to start the front door at night, and there was a crosswalk without signal lights at the front door, so in such a case, there was a duty of care to prevent accidents by safely driving the vehicle.

Nevertheless, under the influence of alcohol, the Defendant neglected to turn to the left and got the victim E (the age of 29) who crosses the crosswalk to the right-hand side from the left-hand side by negligence, and received the victim E (the age of 29) from the Defendant’s driver, or

Ultimately, the Defendant suffered injury to the right side of the victim, which requires approximately two weeks of treatment due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report (1) (2) actual survey report;

1. Statement to E by the police;

1. A written report from an employee of an employer;

1. Application of Acts and subordinate statutes to a report on investigation (receiving a medical certificate);

1. Article 3 (1), the proviso of Article 3 (2) and Article 3 (2) 6 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Facts constituting an offense, and Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act (the point of sound driving);

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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