beta
(영문) 수원지방법원 2013.07.25 2013고정1446

교통사고처리특례법위반등

Text

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

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

Reasons

Punishment of the crime

On January 28, 2013, the Defendant, who is engaged in driving a tea car B, driven the said car under the influence of alcohol level of 0.172% on January 28, 2013, while driving the said car at a 0.172% alcohol level, and, at the same time, proceeds from the intersection of post office distance in the administrative Ri of the local-Eup/Myeon at the speed of the toward-math high school from the fluen apartment on the side of the fluent apartment.

At the time, since it is at night and there is an intersection where a signal apparatus is installed, a person engaged in driving of a motor vehicle has a duty of care to reduce the speed and to safely drive the motor vehicle in accordance with the new code after living well at the right and right.

Nevertheless, even though the Defendant neglected this and was under the influence of alcohol, the Defendant was sent to the left-hand turn by negligence while driving it, and was sent to the victim's Dschton's front part of the driver's seat in the driving of the car with normal driving from the right-hand side at the right-hand level at the right-hand, and received the Defendant's front-hand part of the driver's car.

The Defendant suffered from an injury to the victim, such as saves, saves, tensions, etc., which require treatment for about two weeks by occupational negligence.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement on the status of a drinking driver, and a written report on the status of a drinking driver;

1. A report on the occurrence of a traffic accident and a report on a traffic accident;

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) 1 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, 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;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;