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(영문) 수원지방법원 안산지원 2013.06.18 2013고정577

교통사고처리특례법위반등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. Around 01:53 on December 8, 2012, the Defendant driving a BM3 car under the influence of alcohol concentration of about 1km at approximately 0.096% on the front of the Cran elementary school located in the 846 Dong-dong, Ansan-si, Ansan-si, the 11st complex comprehensive store located in the front line of the Dong-gu, Ansan-si, Ansan-si.

2. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving BM3 automobiles.

On December 8, 2012, the Defendant driven the said car with a blood alcohol concentration of 0.096% 0.096% around 01:53 on December 8, 2012, and led the Defendant to drive the said car and drive the front road of the Cran elementary school located in Ansan-si 846 at the Central Oil Station from the 2nd intersection of Ansan-si to the Central Oil Station by using one lane from the 2nd intersection of the two-lane road.

In this case, there was a duty of care to accurately operate the steering and brakes for those engaged in driving of motor vehicles and to safely proceed with the operation of the steering system by making it possible for those engaged in driving.

Nevertheless, the Defendant, while being under the influence of alcohol as above, neglected it and proceeded with the Defendant’s vehicle front part of the victim Cwork, which was stopped to get a customer in the same direction.

The Defendant suffered from the Defendant’s negligence in the course of performing the above duties that requires approximately three weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. C’s statement;

1. A medical certificate;

1. A traffic accident report (1) (2);

1. A traffic accident occurrence report;

1. Reports on the statement of the situation of the driver, records on the measurement of drinking, and reports on the actions of the driver;

1. Application of related Acts and subordinate statutes;

1. Relevant Article of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act (the point of sound driving and the choice of fines) concerning criminal facts, Articles 3 (1) and (2) of the Act on Special Cases Concerning the Settlement of Traffic Accidents.