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(영문) 수원지방법원 안산지원 2013.06.20 2013고정796

교통사고처리특례법위반등

Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

1. Around 03:40 on December 9, 2012, the Defendant driven B car in the section of about 50 meters from the front road of the news building located in Ansan-gu, the members of Ansan-si to the front road of about 539, and the front road of about 20 meters in Ansan-si, the blood alcohol concentration of 0.092% under the influence of alcohol.

2. On December 9, 2012, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents: (a) driven a B car with alcohol content of 0.092% in the state of alcohol around 03:40%; (b) driven a B car with alcohol content of 0.092%; (c) proceeded toward the intersection of the front 539.20% of the members of Ansan-si from the center downstream to the windliner at a speed of about 3km in speed toward the right-hand 2 complex at a speed of about 3km.

Since the place is a private-distance intersection where no signal, etc. is installed, in such cases, there was a duty of care to safely proceed with the driver by making it possible for the driver to see whether there are vehicles driving the intersection.

Nevertheless, the Defendant neglected this and went to the right side of the passenger car of the Defendant, which the victim C (the 59-year-old) driven by the victim C (the 59-year-old) who was driving on the right side from the left side of the Defendant's running direction by the negligence going to the right side.

The Defendant suffered from the Defendant’s negligence in the course of performing such occupational duties, such as scopic scopical scopical scopical sc

Summary of Evidence

1. Defendant's legal statement;

1. C's statement of a traffic accident-related person;

1. A survey report on actual condition (1) (2);

1. An accident-related photograph;

1. A report on detection of a host driver and a circumstantial report on the host driver;

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

1. Relevant legal provisions concerning criminal facts, 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 According to the Selection of Punishment, Article 268 of the Criminal Act, Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act, and the selection of fines;

1. Aggravation for concurrent crimes;