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(영문) 서울동부지방법원 2014.04.09 2013고정1212

교통사고처리특례법위반등

Text

Defendant shall be punished by a fine of three million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On July 10, 2011, around 10:09, the Defendant driven a four-lane road of 6-lanes around 29 Jam-dong, Songpa-gu, Songpa-gu, Seoul, with a blood alcohol concentration of 0.164% while under the influence of alcohol, and driven a two-lane motor vehicle into a diving slope at the dives of the knives.

At the time, the defendant's front side of the driver's car is proceeding with the victim CR5 car, so in such a case, the defendant, who is engaged in driving of the vehicle, has the duty of care to prevent the accident by keeping the front side and left side and left side and driving the vehicle in a safe distance, but has failed to do so, and due to the negligence of driving the vehicle in front of the driver's vehicle, he received the back part of the driver's driver's vehicle and suffered the victim's light fluoral fluor, etc. which requires the victim's treatment

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement regarding C;

1. A traffic accident report, a survey report on drinking water and a report on detection of drinking drivers;

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

1. Article 148-2 Subparag. 1 and Article 44(1) of the former Road Traffic Act (amended by Act No. 10790, Jun. 8, 201); Article 3(1) and proviso to Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents; Article 268 of the Criminal Act; the selection of fines for negligence in the line of duty;

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;