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(영문) 수원지방법원 2013.09.30 2013고정1623

교통사고처리특례법위반등

Text

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

If the defendant does not pay the above fine, 50,000 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 engaged in driving a C-A-hurd motor vehicle.

On November 23, 2012, at around 23:17, the Defendant driven the said car with the alcohol concentration of 0.121%, and driven the two-lanes in front of the south East-dong distance in the south of the wife population at the permissible time, along with one-lanes from the front of the intersection to the front of the brupt.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by accurately manipulating the steering system and brakes of the motor vehicle.

Nevertheless, under the influence of alcohol, the Defendant, by negligence, neglected the duty of the front stop of the victim D(the age of 32) who was under the influence of the Defendant’s previous traffic signal stop, took the back part of the victim D(the age of 32), which was under the influence of the Defendant, into the front part of the said Aburged car, suffered from the victim’s injury, such as salt, tension, etc., which requires approximately two weeks of treatment.

2. On the same date and time as the above paragraph (1), the Defendant was driving a motor vehicle with the above Aburged from the road in front of the “Yanjppppppp” in the head of the Shimn-dong in the Shimn-dong in the Shimnm-dong at the time of the drinking of the blood alcohol concentration of 0.121% to the front of the South East East East-dong street in the same Gu.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of police suspect regarding D;

1. Each police statement made to F and D;

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

1. A report on the primary launch of the defendant and a report on the primary exploitation of the defendant;

1. A criminal investigation report, investigation report, and investigation report (AD application);

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

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