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(영문) 수원지방법원 성남지원 2013.10.24 2013고정1452

교통사고처리특례법위반등

Text

Defendant shall be punished by a fine of KRW 4,000,000.

Where a defendant fails to pay a fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On May 4, 2013, at around 05:30, the Defendant driven a knife vehicle with blood alcohol content of 0.076%, while under the influence of alcohol, and led to the direction toward the flife from the side of South Korea to the flife of the flife.

Since there is an intersection where a signal is installed, the driver of a motor vehicle has a duty of care to live well with the right and the right and the right and the right of the motor vehicle and to safely proceed in accordance with the signals.

Nevertheless, under the influence of alcohol, the Defendant, while neglecting to turn to the left due to the negligence in front of the signal, was driven by the victim C (Nam, 60 years old), who was at the left pursuant to the new code, and was driven by the driver in front of the left-hand taxi in front of the left-hand turn.

As a result, the Defendant suffered from the above occupational negligence the injury that requires a 6-day medical treatment for the victim E (the victim E, who is the passenger of the victim, for two weeks of age) due to the scambling of the 1 chest, etc., and the victim E (the victim E, 46 years of age), respectively.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement on the occurrence of each traffic accident;

1. A traffic accident report and a report on the occurrence of a traffic accident;

1. A report on detection of a host driver;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1), the proviso to Article 3 (2) 1 and 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 (1) of the Road Traffic Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an 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;