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(영문) 창원지방법원 통영지원 2015.08.10 2015고정403

교통사고처리특례법위반등

Text

Defendant shall be punished by a fine of KRW 3,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

On April 9, 2015, at around 06:15, the Defendant driven a BS5-car with a blood alcohol concentration of 0.121% and driven the front of the annual elementary school, which is located in BS5-ro 40, a one-lane from the rooftop to the starboard.

At the same time, since the DSM5 car driven by the victim C(the age of 47) was stopped in the signal atmosphere, the driver of the vehicle had a duty of care to reduce the speed and maintain the safety distance and prevent the accident in advance.

Nevertheless, under the influence of alcohol, the Defendant was negligent in proceeding with the Defendant, and the front part of the BS5 car, which was the front part of the DS5 car.

As a result, the Defendant suffered injury, such as salt, tensions, etc., in which the Defendant should give approximately six-day medical treatment to C by negligence in the above business, and the victim E (39 years of age) who was on a DS5 car, with approximately two-day medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

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

1. Statement of the circumstances and report on the detection of such a driver;

1. A written confirmation of medical treatment and a medical certificate;

1. Application of statutes on site photographs;

1. Article 3 (1), the proviso of Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Handling of Traffic Accidents by Relevant Acts concerning facts constituting an offense, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act (a point of sound driving);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment prescribed for the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, and the punishment for the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims E with heavy circumstances);

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(1) and 69(2)1 of the Criminal Act for the detention of a workhouse;