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(영문) 부산지방법원 2013.11.27 2013고정4787

교통사고처리특례법위반등

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving freight B.

On June 21, 2013, at around 00:20, the Defendant driven the above cargo while under the influence of 0.139% of blood alcohol level, and led the Defendant to drive at the bottom from the parallel intersection the four-lanes in front of the Agricultural Cooperatives, Agricultural Cooperatives, which is located in the Gando-gu, Busan, the Gando-dong.

In this case, there was a duty of care to prevent accidents by accurately manipulating the steering and brakes well, and by accurately manipulating the steering and brakes.

Nevertheless, the Defendant neglected to do so and neglected to stop in the front of the Defendant, thereby putting the part behind the Defendant’s vehicle of the victim C (ma, 29 years old) who is parked in the signal signal at the front of the Defendant’s vehicle.

Ultimately, the Defendant suffered injury to the victim, such as the pipe and tension of the part of the wooden part requiring medical treatment for about two weeks due to the above occupational negligence.

2. On the date and time set forth in the preceding paragraph, the Defendant driven a vehicle with approximately 3 kilometers up to 0.139% alcohol concentration in the front of the agricultural cooperative located in the trigrams of the Gangseo-gu Busan Metropolitan City in front of the trigrams of the trigrams in the same Gu, the Defendant driven the vehicle under the influence of alcohol with approximately 0.139% alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A traffic accident actual condition survey report and a traffic accident occurrence report;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

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

1. Relevant provisions of Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the point of sound driving), Article 3 (1), the proviso to Article 3 (2) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of fines for each crime;

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;

1. The order of provisional payment;