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(영문) 의정부지방법원 2013.04.11 2013고정531
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of 4.5 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

At around 02:40 on November 27, 2012, the Defendant, while under the influence of alcohol of 0.17% of blood alcohol concentration, was driving a flick-ro-high-speed road located in Geumyang-dong 184 in Geumyang-si, Geumyang-si, and driving a flive motor vehicle in front of the Geumyang-dong at a high speed of B, with three-lanes from the parallel side of the Plish-dong.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by accurately manipulating the steering gear and brakes.

Nevertheless, the defendant neglected the alcohol while driving, and was driven by the victim C while driving the car prior to his negligence, and received the back part of the D Rtete car as the front part of the passenger car.

Ultimately, the Defendant suffered by negligence in the course of performing the above duties the injury to the victim, such as cerebral chlosts, which is clearly clear in detail that requires treatment for about three weeks, and clostal salt, tension, etc. in which there is no open address in the two parts.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement and diagnosis of the occurrence of a traffic accident prepared C;

1. Reports on traffic accidents, and reports on the occurrence of traffic accidents;

1. Application of Acts and subordinate statutes to a report on detection of a host driver;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and proviso to Article 3 (2) 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, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act, and 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;

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