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(영문) 의정부지방법원 2015.06.25 2015고정974

교통사고처리특례법위반등

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1. The defendant shall be punished by a fine of six million won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person driving BTrac vehicles.

On January 17, 2015, the Defendant: (a) driven the above vehicle, while driving the said vehicle, and driving the bus terminal, at a speed of three-lanes in front of the bus terminal, at which it is difficult to know from the seat of the Gu Government Police Station at the jurisdiction of the Gu Government, the Defendant incurred the injury of the victim C (the 48-year-old driver) who was negligent in performing the duty of front-time care due to the negligence of neglecting the duty of front-time care, etc. while driving the bus at a speed of three-lanes, and caused the victim E (the 46-year-old driver), F (51), G (46), H (45 years-old), H (45 years-old), I (43 years-old), and I (43 years-old), who was the passenger of the Defendant’s vehicle.

2. Around 02:52 on January 17, 2015, the Defendant driven a B Track vehicle while under the influence of alcohol content of about 0.186% from the section of approximately 2 km to the bus terminal from the front of the lacas to the front of the bus terminal to the front of the bus terminal, as the efficacy of the Speaker’s city, to the front of the bus terminal.

Summary of Evidence

1. Defendant's legal statement;

1. Traffic accident report and report on the actual condition of a drinking driver;

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

1. Article 3 (1), the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the point of causing occupational injury and fine), Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act (the point of sound driving and the choice of fine) concerning criminal facts;

1. Articles 40 and 50 (Mutual Crimes against Violation of the Act on Special Cases concerning Settlement of Traffic Accidents)

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act. Article 50 (Limits to Total Amount of Two Crimes)

1. Articles 70 (1) 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;