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(영문) 창원지방법원 마산지원 2016.08.09 2016고정58

교통사고처리특례법위반등

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who drives a low-priced vehicle B.

On November 7, 2015, while under the influence of alcohol content 0.138% from blood transfusion around 17:03, the Defendant was driving ahead of a vehicle driving ahead of it in the same direction in the same direction as speed of about 20km along the two lanes from the 2nd apartment of the day, where the D in front of the Masan-si Member C was a road of three lanes in Changwon-si, the Changwon-si, the members of Changwon-si, toward the intersection of Msan-si, and toward the intersection of Msan-si along the two lanes.

In such cases, when a person engaged in driving of a motor vehicle stops, he/she has a duty of care to ensure the necessary distance to avoid collision with the motor vehicle running ahead of it and to prevent accidents in advance.

Nevertheless, the Defendant neglected to stop and stopped the vehicle in balk, which was driven by the victim E ( South, 35 years old) who was driven by the victim E ( South, 35 years old). However, the lower part of the FMW vehicle was shocked by the front part of the vehicle in front.

As a result, the Defendant suffered injury to the victim by negligence in the course of business, such as salt, tension, etc. in the cryp of cryp that requires approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A medical certificate;

1. Application of Acts and subordinate statutes to reports on traffic accidents, reports on detection of drivers at home and reports on the circumstances of drivers at home;

1. Relevant Article 3(1) and the proviso to Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents by the Selection of Punishment, Article 268 of the Criminal Act, Articles 148-2(2)2 and 44(1) of the Road Traffic Act, and the selection of fines for each crime;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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