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(영문) 의정부지방법원 2015.05.04 2015고정41

교통사고처리특례법위반등

Text

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

Where a defendant fails to pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

At around 22:40 on July 28, 2014, the Defendant driven a xz10-wheeled vehicle B with a blood alcohol concentration of 0.20%. On the other hand, the Defendant was negligent in failing to look at the front side and the right side of the Defendant’s street trees at the right side of the two-wheeled vehicle while under the influence of alcohol, and by failing to accurately operate the steering direction and brakes with the front side of the two-wheeled vehicle at the front side of the two-wheeled vehicle by obtaining the front side of the two-wheeled vehicle from the Defendant’s two-wheeled vehicle in front of the said two-wheeled vehicle at the end of the government of Gyeonggi-do.

As a result, the defendant suffered injury to the victim C, who was on board the above-wheeled vehicle, for about eight weeks of medical treatment.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. A traffic accident report;

1. A written report from an employee of an employer;

1. A written statement prepared in C;

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

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

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

1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

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;