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(영문) 인천지방법원 부천지원 2013.04.26 2013고정201

교통사고처리특례법위반등

Text

Defendant shall be punished by a fine not exceeding five million won.

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

Reasons

Punishment of the crime

The defendant is a person who drives a observer B as a duty.

On November 2, 2012, at around 07:36, the Defendant was under the influence of alcohol with 0.114% of blood alcohol concentration, and the location where the signal, etc. is installed at a place where the signal, etc. is to proceed to the middle-speed speed of 418 upper and middle-distance 418 upper and upper-level east-si, Seocheon-si, the Defendant had a duty of care to drive safely in accordance with good faith by reducing speed and by properly examining the upper and upper sides.

Nevertheless, due to the negligence of neglecting this, the two-lanes of the front part of the victim C(45 years old, female driving) driving in a normal signal from the right side of the front part of the vehicle and the front part of the vehicle under consideration of the victim C(45 years old, female driving) in the right side of the vehicle.

Therefore, the victim and the victim E (the 17-year-old, south) suffered injuries, such as salt ties, tensions, etc. in need of treatment for about three weeks.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. The actual condition of traffic accidents;

1. A written report from an employee of an employer;

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) 2, and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense (a point of sound driving);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment prescribed by the Act on Special Cases concerning the Settlement of Traffic Accidents between Violations of the Act on Special Cases concerning the Settlement of Traffic Accidents, and the punishment prescribed by the Act on Special Cases concerning the Settlement of Traffic Accidents

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 (to the extent that the maximum amount of two crimes is aggregated);

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;