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(영문) 창원지방법원 2015.01.27 2014고단2769
교통사고처리특례법위반등
Text

1. Defendant shall be punished by a fine of KRW 8,000,000.

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. Around 02:40 on August 18, 2014, the Defendant was under the influence of alcohol with a blood alcohol content of 0.084% 0.084%, the Defendant driving a D car at a section of approximately 8km in front of a restaurant located in the Sung-si, Seowon-si, Seowon-si, Seowon-si, Seoul, in front of the rest area in C in G, Kimhae-si.

2. On August 18, 2014, the Defendant violated the Act on Special Cases concerning the Settlement of Traffic Accidents (hereinafter “Special Cases”) was a person engaged in driving a D-A-Wn-Wn Motor Vehicle, and was driving the said Motor Vehicle on a two-lane road in front of the C-W's rest area located in Kim Sea-si B, along with a one-lane road from the window, at the window, tunnel, and bank.

At the time, the low speed road was slick, it was difficult to set up at night, and there was a duty of care to safely drive the steering system by reducing speed and accurately manipulating the steering system.

Nevertheless, while under the influence of alcohol content 0.084%, the Defendant got off a motor vehicle with the wind of rapid operation of the brake system while getting off a motor vehicle, and received E E E E Traler at the edge of the road due to the shock, and suffered from the victim FF (year 26) who was on board the motor vehicle of the Defendant, for about eight-day medical treatment, injury to the victim FF (year 26) who was on board the motor vehicle of the Defendant, such as a closed trauma breathy, which requires approximately three-day medical treatment, and the victim G (year 26), respectively.

Summary of Evidence

1. The defendant's legal statement, the written statement related to the traffic accident (H, etc.), each traffic accident-related person's written statement (F and G);

1. A report on detection of a host driver and a circumstantial report of a host driver;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to reports on the occurrence of traffic accidents, actual survey reports, and photographs of accident site;

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 148-2(2)3, and Article 44 of the Road Traffic Act concerning criminal facts;

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