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(영문) 수원지방법원 성남지원 2013.05.09 2013고정662

교통사고처리특례법위반등

Text

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

If a fine is not paid, 50,000 won shall be converted into one day.

Reasons

Punishment of the crime

Around 22:00 on December 22, 2012, the Defendant driven a eky or passenger car with alcohol content of 0.118%, and proceeded along two-lanes from the 178-1 parking lot in Sungnam-si, Sungnam-si, Sungnam-si, and from the Myeonkdong Police Station, from the 178-1 parking lot in Sungnam-si, the Defendant changed the course into one-lane in order to continue to continue to appear in front of Taeknan Ekngu.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to check the safety of the course by checking the front side and the right and the right of the motor vehicle.

Nevertheless, when the defendant neglected to pay attention to the change of course due to negligence while changing course, the defendant shocked the part adjacent to the right side of the defendant's vehicle C (Seoul, 42 years old) driving in the same direction as the other side of the defendant's vehicle.

Ultimately, the Defendant suffered injury that requires approximately two weeks of medical treatment due to the climatic salt, tension, etc. from the victim by occupational negligence above.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement on the occurrence of a traffic accident;

1. A traffic accident report;

1. A report on detection of a host driver;

1. Application of Acts and subordinate statutes of the general medical certificate;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated 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;