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(영문) 의정부지방법원 2015.04.16 2015고정566

교통사고처리특례법위반등

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1. The defendant shall be punished by a fine of four million won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Criminal facts

1. On September 23, 2014, at around 0:50, the Defendant driven a B LV car with a blood alcohol content of 0.142% 0.1%, and had the victim D(39 years old and 32 years old and 53 years old, who was on the part of the Defendant’s left-hand side of the vehicle, drive the B LV car in the southyang-si-si, the three-lane in front of the YGAS in the southyang-si, Chungcheongnam-si, and proceeded along three-lanes in the old-si, the Defendant neglected his duty to stop on the front-hand side, while driving the vehicle into the upper-hand side of the victim C(53 years old) who stopped at the two-lane due to the flow of the traffic, and caused the victim C to suffer injury, such as the injury of the victim D(39 years old, 32 years old and tension, etc.) who was on the Defendant’s vehicle, and the injury of the victim and the victim (32 years old and the victim).

2. The Defendant driven a B LV car under the influence of alcohol concentration 0.142%, while driving a 4 km distance from the Jin Changdong-si to the third-lane of the city farming distance KRGAS prior to the Namyang-si, Namyang-si.

Summary of Evidence

1. Defendant's legal statement;

1. The inspection report on the actual condition of traffic accidents, the circumstantial report on drinking drivers, and the results of crackdown on drinking driving;

1. A written statement prepared in C;

1. On-site photographs;

1. Application of each written diagnosis (C, D, and E) statute;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes ( mutually among the violations of the Act on Special Cases concerning the Settlement of Traffic Accidents);

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;