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(영문) 의정부지방법원 2015.02.17 2014고정2760

교통사고처리특례법위반등

Text

Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

To the extent that it does not substantially disadvantage the defendant's exercise of his/her right to defense, the following facts charged shall be organized and criminal facts shall be recognized:

The Defendant is the driver of the vehicle B.

On September 15, 2014, the Defendant driven the above vehicle under the influence of alcohol concentration of 0.207% from blood on September 21, 2014, and proceeded at a speed from the maan Tri-distance flood to the sporade of the answer.

Drivers engaged in driving service shall accurately operate the steering system, brakes, and other devices of the vehicle, shall not drive the vehicle at a speed or in a manner that impedes or impedes any other person, such as road traffic conditions, and have a duty of care to report the traffic situation well and to prevent accidents in advance by driving the vehicle safely.

Nevertheless, the defendant is negligent in driving the vehicle.

The victim C (58 years of age) who was driving in the same direction was concealed into the D vehicle that was driven by the victim C(58).

The Defendant, by negligence in the above occupational negligence, sustained injury to the victim, such as acute spatitis, which requires two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident and a actual investigation report on a traffic accident;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Application of Acts and subordinate statutes to medical certificates and accident site photographs;

1. Relevant legal provisions concerning criminal facts, 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 Aggravated Punishment, Article 268 of the Criminal Act, Article 148-2 (2) 1, and Article 44 (1) of the Road Traffic Act, and the selection of fines, respectively;

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;