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(영문) 수원지방법원 안산지원 2013.07.09 2013고정408

교통사고처리특례법위반등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a D observer car owned by C.

1. On January 19, 2013, at around 23:55, the Defendant driven the said vehicle while under the influence of alcohol with a 0.050% alcohol concentration, and proceeded at a speed of 30km in speed from the right angle to the right angle from the right angle to the right angle of the four-lane road.

A vehicle that intends to change its course has a duty of care to yield the course to the vehicle that proceeds from the vehicle that intends to change its course.

Nevertheless, due to the negligence of changing the course on the left-hand side, the victim E (the victim 28 years of age, South) who was driving on the one-lane road due to the negligence of changing the course on the left-hand side of the driver's vehicle is entitled to receive the back part on the right-hand side of the observer car.

Therefore, the victim suffered injury, such as brain-dead, which requires treatment for about three weeks.

2. While the Defendant was under the influence of alcohol content of 0.050% in a temporary light, such as the above paragraph (1) above, the Defendant driven a 10km car volume from the Doang-dong, Yang-dong to the 1788 treatment apartment front of the Hodo-dong.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Part of the first police interrogation protocol against the accused;

1. Each police statement of E;

1. Medical certificate (Evidence of 59 pages);

1. A report on a traffic accident, a survey report on actual condition (1) and a report on occurrence of a traffic accident;

1. A report on the statement of the situation of a drinking driver, a report on detection of a drinking driver, and a drinking output;

1. An accident-related photograph;

1. Application of accident site photographs CD-related Acts and subordinate statutes;

1. Relevant Article of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act (the point of sound driving and the choice of fines), Article 3 (1), the proviso of Article 3 (2) and Article 3 (8) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act, which

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

1. Detention at a workhouse;