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(영문) 의정부지방법원 2015.06.26 2015고단54
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of B-Wood vehicle volume.

On October 19, 2014, while under the influence of 0.110% of alcohol level, the above vehicle was driven in the state of alcohol level of 0.110%, and the two-lane paths in front of the KT ST distance located in the 2000 East city was driven in the vicinity of the GT distance from the beneficiary acid, and the two-lane of the KT distance from the beneficiary acid to the non-speed speed.

A person engaged in driving service has a duty of care to prevent accidents by complying with the driver lines and operating the steering gear and brakes accurately.

Nevertheless, under the influence of alcohol, the part behind the driver's seat of the victim C, which was temporarily stopped for entering the intersection due to the negligence of neglecting it, was shocked with the part prior to the driver's seat of the defendant's vehicle.

Ultimately, the Defendant suffered from an injury to the victim by negligence in the course of performing the above duties, such as salt dynasty which requires three weeks of treatment.

B. The above temporary light, as seen above, driving approximately 10 meters of the same difference from the main point of 7080 the Gat building in the East-si, Bitcheon-si to the front of the accident site.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report and the occurrence of traffic accidents;

1. A report on detection of the driver, and a report on the status of the driver's operation;

1. A medical certificate;

1. Application of Acts and subordinate statutes governing accident sites and vehicle photographs;

1. Article 3(1) and 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)2 and Article 44(1) of the Road Traffic Act, each of the following factors are considered in light of the fact that each of the defendants who choose a fine is aware of and reflects his/her mistake, the fact that each of the defendants is covered by a comprehensive insurance, the degree of the victim's injury is relatively less severe, and the circumstances favorable to that of the same crime record are considered.

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