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(영문) 수원지방법원 안산지원 2014.10.29 2014고정1414

교통사고처리특례법위반등

Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who drives a observer car as a duty.

피고인은 2014. 8. 18. 20:45경 혈중알콜농도 0.073%의 술에 취한 상태에서 안산시 단원구 선부동에 있는 주공13단지 아파트 주차장에서부터 같은 구 신길동에 있는 신길지하차도 앞 노상까지 약 4킬로미터를 위 차량을 운전하여 안산역 쪽에서 샛뿔삼거리 쪽으로 편도 4차로의 2차로를 따라 직진하게 되었다.

In this case, the defendant engaged in driving service has a duty of care to safely drive the steering gear by reducing speed and accurately operating the steering gear by living well on the right and the right and the right.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to do so and was in the front part of the victim C(53 years of age, south) driving at the front direction of the course by negligence, and was in the front part of the above vehicle operated by the Defendant.

The Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of treatment due to occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Notification of the control results of drinking driving;

1. The circumstantial report of an employee;

1. A traffic accident report;

1. Photographss related to traffic accidents;

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

1. 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, Article 268 of the Criminal Act, Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense (the point of driving while driving a motor vehicle);

1. Selection of each alternative fine for punishment;

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