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(영문) 부산지방법원 동부지원 2014.08.21 2014고정974

교통사고처리특례법위반등

Text

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

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

Reasons

Punishment of the crime

1. On March 22, 2014, the Defendant, while under the influence of alcohol on March 23:35, 2014, driven a B-learning car at approximately 10km section from around the Samcol Agency Driving Parking Lot located in the Busan B-dong, Busan Metropolitan City, to the front day of the gas distribution industry located in the Busan-gun’s Articles of Incorporation.

2. The Defendant, while under the influence of alcohol at the same time and place as above, driven the above vehicle, and proceeded with the four-lane road prior to the Busan-gun's Articles of Incorporation, the Busan-gun's Department of Articles of Incorporation, the head of the office on the side of the tunnel to bear the four-lane road.

Since signal lights are installed at the front of that place and traffic control is performed, in such a case, the driver of the vehicle has a duty of care to accurately operate the steering gear and brake system and to safely proceed by reducing the speed in advance.

Nevertheless, the Defendant neglected to stop driving the above vehicle and brought the vehicle to the front part of the Defendant’s vehicle for the victim C (V, 55 years old) driving vehicle (D/EF) who was sent to the above signal while driving the vehicle.

The defendant's occupational negligence caused the victim's injury, such as spawn spawn, etc., within two weeks before the death.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition of traffic accidents;

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

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

1. Relevant provisions of Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act concerning criminal facts, Article 3 (1), the proviso of 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;

1. Selection of each alternative fine for punishment;

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 to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;