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(영문) 부산지방법원 2014.05.30 2014고단818

교통사고처리특례법위반등

Text

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

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of one ton cargo vehicle B.

On December 6, 2013, at around 10:05, the above vehicle was driven under the influence of alcohol of 0.088% with blood alcohol concentration of 0.08%, and the road was driven from the parallel to the parallel.

At this point, the vehicle was parked in the front section of a one-lane, so there was a duty of care to prevent accidents by driving safely by checking well the right and the right of the driver.

Nevertheless, the Defendant, while under the influence of alcohol, caused damage to a vehicle parked on the front side by neglecting the duty of the front-time care, and was proceeding in the opposite direction by the victim C (hereinafter referred to as 49 years of age) who was driven by the victim C (hereinafter referred to as the “C”), was shocked in front of the left-hand part of the D low-speed car driven by the Defendant’s vehicle, and suffered damage to the right-hand slots that require approximately six weeks of treatment to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a survey report on actual condition, a report on detection of a host driver, a medical certificate, and a written estimate;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents by Relevant Acts concerning criminal facts, Article 268 of the Criminal Act, Article 148-2 (2) 3 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act;

1. Selection of a fine in consideration of the fact that the punishment is not light in light of the same kind of punishment, the degree of damage, etc., but the blood alcohol concentration is not relatively high, the purchase of a comprehensive insurance policy, and the best effort to recover damage is not made;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;