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(영문) 부산지방법원 2013.07.10 2013고단1895

교통사고처리특례법위반등

Text

Defendant shall be punished by a fine of KRW 8,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On October 24, 2012, the Defendant was sentenced to one year of suspension of the execution of official duties at the Busan District Court for the crime of obstruction of the performance of official duties and is currently under suspension of the execution of one year.

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

On March 13, 2013, when the Defendant driven the said car under the influence of alcohol by 0.178% without obtaining a driver’s license on March 13, 2013, while driving the said car at a level of alcohol of 0.178%, and moving the said car to the scambling from the front side of the Busan Northern-dong, the Defendant, under the influence of alcohol, was damaged by the Defendant’s occupational negligence by the victim C (the age of 42) who was directly driven from the right straight line to the scambing on the right side of the scambridge, and was negligent in neglecting the duty of scambling and the right and the right and the right and the right and the right and was unable to properly operate the scambing and the right and the right and the right and the right and the right and the right and the right and the right and the right and interest of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. A report on detection of a host driver;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant provisions of Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Article 3 (1), the proviso to Article 3 (2) 7 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

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