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(영문) 수원지방법원 안산지원 2013.07.26 2012고정2442

교통사고처리특례법위반등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

At around 20:30 on March 19, 2010, the Defendant, without a driver's license, driven a 3-day shower vehicle with a blood alcohol content of 0.141%, and proceeded at the speed of about 30 kilometers per hour at the speed of about 30 kilometers per two lanes in the direction of water in Incheon at the flood of the city of Ansan-gu.

A person engaged in driving of a motor vehicle has a duty of care to safely proceed by sending a signal by a horn, etc. according to road conditions.

Nevertheless, due to the negligence of neglecting this, the part on the top side of the driver's license of the victim D (the 29 years old, South) who is in progress in the first line was moved to the front part of the driver's license of the defendant vehicle.

Ultimately, the Defendant caused the injury to the victim, which requires approximately two weeks of medical treatment due to the foregoing occupational negligence, to the effect of property, such as “humconsium,” which requires repair of approximately KRW 544,620,00 for repairing expenses.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Written statements of D;

1. Application of Acts and subordinate statutes to a copy of a traffic accident actual condition survey report, report on detection of a motor vehicle driver, the ledger of driver's license, medical certificate, and estimate;

1. Article 3(1) and the proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents by Relevant Acts concerning criminal facts, Article 268 of the Criminal Act, Article 151 of the former Road Traffic Act (amended by Act No. 10790, Jun. 8, 201; hereinafter the same shall apply), subparagraph 1 of Article 148-2 and Article 44(1) of the former Road Traffic Act, Article 152 subparag. 1 and Article 43 of the former Road Traffic Act (amended by Act No. 10790, Jun. 8, 201);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The order of provisional payment;