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(영문) 전주지방법원 2013.06.12 2013고정265
교통사고처리특례법위반등
Text

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

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

Reasons

Punishment of the crime

1. The Defendant violated the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving a rocketing or other car, and the Defendant was under the influence of 0.121% of blood alcohol concentration on October 26, 2012, while driving the said car at around 21:10, the Defendant had a duty of care to check the safety of course and prevent the traffic accident in advance by driving the vehicle in front of the 0.121% of blood alcohol concentration at the Han River at the time of Jeonju-si, Samcheon-gu, Samcheon-dong, Samcheon-dong, Gyeongcheon-gu, the direction of the Gu in the direction of Han River apartment in the direction of the Gu. As such, the Defendant had a duty of care to check the safety of course and to prevent the traffic accident by accurately operating the steering direction and brake system.

Nevertheless, due to the negligence of neglecting it under the influence of alcohol and causing the misunderstanding of speed change, the part of the driving of the victim C(49 years old) driving D D DDap vehicle was committed as the part of the Defendant’s driving with the front part of the car.

The Defendant suffered injury to the victim, such as salt, tension, etc. of the bones of wood, which requires medical treatment for about three weeks, due to such occupational negligence.

2. On the same date as paragraph 1 of the Road Traffic Act, the Defendant was under the influence of alcohol with a blood alcohol content of 0.121%, and thereafter, the Defendant driven B rocketing car at approximately two km from the 2km section to the roads in front of Samcheon-dong, Samcheon-dong, Samcheon-gu, Jeoncheon-gu, Jeonju-si, Seoul Special Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. The actual condition survey report, field photographs, etc.;

1. A report on detection of a host driver;

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

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

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;

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