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(영문) 창원지방법원 밀양지원 2013.11.14 2013고정124

교통사고처리특례법위반등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who drives a EXE car.

At around 01:30 on May 5, 2013, the Defendant, while under the influence of alcohol content of 0.12%, was driving the said car, and led to the three-lane national highway 25 lanes in front of the building in the metropolitan moving construction in the tayang city, along with the three-lane 60 kilometers in speed depending on the three-lane distance.

Since the place is located at the city center, in which the traffic of ordinary vehicles is high, and the distance crossing is located at the front section, there was a duty of care to prevent accidents, such as a person engaged in driving a motor vehicle, and a person engaged in driving a motor vehicle has a duty of care to prevent accidents by operating the motor vehicle normally, such as driving the motor vehicle, driving slowly, and driving the motor vehicle safely.

Nevertheless, the defendant is under the influence of alcohol by neglecting it.

By occupational negligence, the driver did not discover the CMo5 tons truck truck truck vehicle parked at the edge of the road located near the direction of the driver's driving vehicle of Madle, and he was injured by the victim D (year 44) who was on board the Defendant's vehicle by shocking the front part of the driver's seat of the vehicle, and shocked the part that was loaded after the driver's seat of the vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. A E-document;

1. The actual condition survey report;

1. Report on detection of a host driver and report on the circumstances of a host driver;

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

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents by Relevant Acts concerning criminal facts, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act (the point of a sound driving);

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 for the detention of a workhouse;

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