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(영문) 의정부지방법원 고양지원 2014.09.05 2014고정891

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 the K5 car volume as a duty.

1. On February 18, 2014, around 03:30, the blood alcohol concentration was 0.134% in the host condition, which led to the driving of the said car at the front of the Sogsan-gu Sogdong Pagdong, Busan-gu, the driving of the said car on the front of the Sogsan-gu, Busan-si, and led to the flow of the said car at an unfluened speed from the boundary of the Busan-gu Police Station.

In such cases, there is a duty of care to prevent accidents by accurately operating the steering direction and brakes well, and to prevent accidents.

Nevertheless, the part of the Dbe-crui-cracker's motor vehicle driver who was driven by the victim C(57 years of age, South) who had the signal atmosphere at the front of the Macker's vehicle due to neglect of this, was shocked.

Ultimately, the above victim suffered bodily injury, such as catum salt, which requires treatment for about two weeks.

2. At the same time and time as in the preceding paragraph, the said vehicle was driven under the state of 0.134% of the blood alcohol concentration from the section of approximately 1 km from the day before the day of the accident to the place of the accident.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The actual survey report and the occurrence of traffic accidents;

1. The circumstantial report on the driver and the report on detection of the driver;

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

1. Relevant legal provisions concerning criminal facts, Article 3 (1), the proviso to Article 3 (2) 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, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and the selection of fines;

1. Commercial competition;

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) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.