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(영문) 의정부지방법원 2013.07.11 2013고정1473

교통사고처리특례법위반등

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Defendant shall be punished by a fine of 6 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. On March 24, 2013, the Defendant violated the Act on Special Cases concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”) driven a B low-est car car at B, and proceeded at a speed at the speed and speed of 441 lanes in front of the two sides of the Sinnam-Eup, Nam-gu, Yangyang-gu, Yangyang-do, in the direction of both sides, in the direction of both sides.

It is a place where a central line has been installed, so in such cases, a person engaged in driving of a motor vehicle has a duty of care to live well in the front line and the left, and to drive safely.

Nevertheless, the defendant neglected this and caused the victim C, who was faced with the negligence of driving the center line, to be the front part of the driving vehicle of the defendant.

As a result, the Defendant suffered injury that requires treatment for about 8 weeks, such as cutting down the right stoke, the upper right stoke, etc.

2. The Defendant, at the same time and place as the above paragraph (1) of the Road Traffic Act, driven a road of about 1 km in a state of drinking alcohol concentration of about 0.15%.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in C;

1. Application of Acts and subordinate statutes, such as a traffic accident inspection report, a traffic accident occurrence report, a driving status report, a drinking driver, an accident site and accident vehicle photograph, and a diagnosis report;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1), the proviso of Article 3 (2) and Article 3 (2) 2 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, 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, and the selection of fines;

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 for the detention of a workhouse;