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(영문) 의정부지방법원 고양지원 2013.07.25 2013고정661

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. On October 26, 2012, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents: (a) on October 26, 2012, the Defendant driven a five-lane road, one of the 18-lanes in the Yongsan-gu, Yongsan-gu, Yongsan-gu, Yongsan-si, Goyang-si, with a blood alcohol concentration of 0.174%; and (b) driven a B rocketing car with the speed of 20 km along the three-lanes.

In the same direction as at the time, since the victim C (the 70-year-old driver) followed the D's car driven by the victim C (the 70-year-old driver), a person engaged in driving service has a duty of care to secure and proceed with the safety distance that can be avoided when the vehicle stops.

Nevertheless, due to the negligence of driving the vehicle in the vicinity of the defendant's vehicle due to the negligence of neglecting it, the vehicle behind the vehicle in front of the defendant's vehicle was driven by the defendant.

Ultimately, the Defendant suffered injury to the victim, such as brain salvina, which requires approximately three weeks of medical treatment, due to such occupational negligence.

2. The Defendant violated the Road Traffic Act (driving) driving a B rocketing car under the influence of alcohol with the blood alcohol concentration of about 0.174% from the 1km section to the place where the said accident occurred, from the front day of the day of the Ilsan-gu U.S. Madon Promotion Apartment at the same time and at the same time, the Defendant driven the B rocketing car at the same time as the blood alcohol concentration of about 1km.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The actual condition survey report;

1. A medical certificate;

1. A report on detection of a host driver;

1. Application of Acts and subordinate statutes to the circumstantial report on a host driver;

1. Relevant 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, Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning the crime, the selection of each fine for negligence;

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;