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(영문) 수원지방법원 안산지원 2013.04.25 2013고정486

교통사고처리특례법위반등

Text

Defendant shall be punished by a fine of KRW 4,500,000.

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a rocketing vehicle B.

On October 26, 2012, around 23:35, the Defendant, while under the influence of alcohol at 1267-5% of blood alcohol concentration in the Han River basin, was waiting to turn to the left to the left at the site of the accident at the time of the accident.

In this case, the driver has a duty of care to accurately operate and drive the steering and brakes, such as taking brating so that the vehicle is not pushed down.

Nevertheless, the Defendant, while neglecting such duty of care, led the victim C (the 45 years of age, South) who was in the atmosphere of the signal due to the negligence of driving a vehicle under the influence of alcohol, to the front side of the DCA 110 two-wheeled vehicle and the front side of the two-wheeled vehicle to the rear part of the vehicle.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of treatment for about two weeks due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. The actual survey report and the occurrence of traffic accidents;

1. Statement on the status of a drinking driver, and a written report on the status of a drinking driver;

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

1. Relevant legal provisions concerning criminal facts, Article 3 (1), the proviso to Article 3 (2) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and the selection of fines;

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;