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(영문) 제주지방법원 2015.02.12 2015고단5
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On August 30, 2014, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”) was driving a DNA cargo vehicle, which was parked in the Category C parking lot in Seopo-si B, Seopo-si, in order to deduct it from the parking place.

As a driver of the vehicle who intends to drive the vehicle behind, he had a duty of care to prevent the accident by properly manipulating the steering direction and brake system of the vehicle in the future.

Nevertheless, when the Defendant neglected to drive under the influence of alcohol and neglected to do so, the Defendant received the right side side of the Victim E(30 years old) driver’s vehicle, which was proceeding to the entrance of the parking lot from the rear of the Defendant’s driver’s vehicle, from the rear of the Defendant’s driver’s vehicle, to the left side of the Defendant’s driver’s vehicle.

Ultimately, the Defendant caused the victim E (30 years of age) and the victim G (31 years of age) who was on a car operated by the Defendant due to the foregoing occupational negligence, to suffer from the injury of the climatic salt, etc. requiring two weeks of medical treatment.

2. Around 20:30 on August 30, 2014, the Defendant driving a DNA cargo vehicle at a section of approximately 1m in the following parking lot, located in Seopopo City B while under the influence of alcohol concentration of 0.154%.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of Acts and subordinate statutes to each photograph, actual condition survey report, report on the circumstantial statement of a drinking driver, inquiry into the results of the crackdown on drinking driving, and each written diagnosis;

1. Relevant legal provisions concerning criminal facts: Article 3 (1), the proviso to Article 3 (2) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act (the point of sound driving);

1. Formal concurrence and the choice of punishment: Articles 40 and 50 of the Criminal Act;

1. Aggravation of concurrent crimes: within the scope of the sum total of the amounts under the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act: Provided, That the lower limit shall be the same;

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