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(영문) 의정부지방법원 2014.11.27 2014고정2510

교통사고처리특례법위반등

Text

Defendant shall be punished by a fine of 3.5 million won.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a Crane car.

1. On July 22, 2014, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”) driven the said car with alcohol content of 0.101% at a 0.10% alcohol level from blood, and driven the three distance ahead of the 311-120 U.S. 2, which is possible for the Government to go from the border university on the side of the intersection of the court.

In this case, the driver of the vehicle has a duty of care to take the front side and left side well and to accurately manipulate the steering and brakes so as to prevent the accident in advance.

Nevertheless, the defendant neglected this and caused the damage to the victim D (the age of 46) who stops in the front of the traffic signal at the front of the driver's vehicle due to the negligence of driving the vehicle, and caused the shock to the front part of the driver's vehicle.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as cerebral alky in detail, in which there are no two or more open situations requiring treatment for about two weeks.

2. Violation of the Road Traffic Act (driving) the Defendant driven the said vehicle within a 10km section from the roads on the sub-section 10k from the sub-section 3 to the roads specified in the above paragraph (1), while under the influence of alcohol of 0.101% at the time and time specified in the above paragraph (1).

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 diagnosis certificates, field map, on-site photograph-related Acts and subordinate statutes;

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) 2 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. The order of provisional payment;