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(영문) 의정부지방법원 고양지원 2015.09.22 2015고정485

교통사고처리특례법위반등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who drives a vehicle as his duties.

1. On September 6, 2014, the Defendant: (a) operated a vehicle with a gallon in front of the “C” oil station located in Goyang-dong, Mangsan-si B with a view to blood alcohol concentration of 0.088%; (b) operated a vehicle with a gallon in front of the “C” station located in Goyang-dong, Mangsan-si; and (c) proceeded from the gallon to the ebbbb

In such cases, a person engaged in driving service has a duty of care to observe the direction side before and after the course and to check and drive the career safety.

Nevertheless, under the influence of alcohol, the Defendant, while negligent in driving the container stuff installed on the right side of the road, shocked the front part of the Defendant’s vehicle, and due to the shock, the house stuffed in the container stuffed shocked the hands and shoulder of the victim E (34 years old).

As a result, the Defendant suffered injury to the victim, such as the right dog bed, which requires treatment for about two weeks, due to such occupational negligence.

2. The Defendant driven a Dgggal-ro vehicle in the state of alcohol alcohol concentration of about 5 km from the 4th road in front of the Sinsan-dong Sinsan-dong Sindong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong to

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A report on detection of a host driver and a circumstantial report on the host driver;

1. A medical certificate;

1. Application of Acts and subordinate statutes on accident site photographs;

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act, the selection of fines for each crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) 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;