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(영문) 창원지방법원 통영지원 2014.10.15 2014고정385

교통사고처리특례법위반등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B multilateral car.

On March 29, 2014, the Defendant driven the above vehicle under the influence of alcohol by 0.126% 0.15:52, while driving the above vehicle, and driving the national highway No. 14 near the upper village of the 1string road at the 1string of the city at the Round, pursuant to one-lane from the Round to the small-ri village, one-lane, the Defendant was under the influence of alcohol, and under the influence of alcohol, returned to the Defendant’s running lane due to occupational negligence over the central line for overtaking the preceding vehicle, and returned to the Defendant’s running lane, the Defendant was under the influence of alcohol, and the Defendant did not return to the Defendant’s running lane to the Defendant, and the Defendant was under the influence of the above Dama vehicle, and the Defendant sustained the injury of the victim to the above 2nd class of the 5th class E (the 32nd class), the victim was under the influence of the victim’s 2nd class of the said Mama vehicle at the top (the 2nd).

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A report on the occurrence of a traffic accident, a report on actual condition investigation, on-site photographs, a copy of a black stay CD, and a statement of a person involved in a traffic accident;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

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

1. Article 3 (1), Article 3 (2) (proviso) 2 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents by Relevant Acts concerning criminal facts, Article 268 of the Criminal Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (a point of sound driving);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment;

1. The Criminal Act among concurrent crimes.