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(영문) 창원지방법원 통영지원 2013.11.28 2013고정430

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 shall be one day.

Reasons

Punishment of the crime

1. Around 01:20 on May 19, 2013, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases”), while driving a BK3 car and driving a two-lane road of the 2-lane ridge in front of the lusium reduction in the lusium in the lusium in the lusium in the lusium at a speed of about 30km from the lusium to the lusium to the lusium of the lusium. While under the influence of alcohol concentration of 0.165%, the Defendant sustained the injury of the victim C’s lusium in front of the lusium in the front of the lusium in the lusium in the above K3 car and caused the victim C to treat the lusium in the front of the lusium in the front of the lusium in need of approximately 2 weeks, and caused the victim of the said lusium in the above 2 week in need of the Elusium.

2. The Defendant violated the Road Traffic Act (driving) at least 20 meters away from the 0.165% alcohol concentration in the blood alcohol concentration in a temporary border, as set forth in paragraph (1), to the road before the gate reduction of the ridge located in the same Dong from the point Do above the point Do at a macropon city to the road located in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A traffic accident report, a report on the detection of a driver from the driving of the driving of the driving of the driving of the driving of the driving of the driving of the driver, a report on the actual status

1. Each written diagnosis;

1. Application of statutes on site photographs;

1. Article 3 (1), Article 3 (2) (proviso) 2 and 8 of the Act on Special Cases concerning the Handling of Traffic Accidents by Relevant Acts concerning facts constituting an offense, 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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

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 for the detention of a workhouse;

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