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(영문) 부산지방법원 2015.09.24 2015고정2739
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On November 28, 2014, the Defendant was sentenced to imprisonment with prison labor for four months at the Busan District Court for the obstruction of performance of official duties, and the judgment became final and conclusive on February 13, 2015.

On June 26, 2014, the Defendant, without obtaining a motorcycle driver’s license on June 26, 2014, driving a motorcycle with blood alcohol level of 0.103%, driving a 0.10% 0% and driving a front road in the city of Busan at the front of the C, which is located in the city of Busan, on the opening of a main intersection, into the main intersection intersection, and tried to avoid a collision with the automobiles that were located in the opposite direction while going beyond the central line, and intending to avoid a collision with the automobiles that were located in the opposite direction while going beyond the central line, caused the victim D (32 years) who was on board the back seat of the Austria to put the victim into the bottom, which requires treatment for about seven weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Statement on the occurrence of each traffic accident;

1. Investigation report on the actual condition of traffic accidents, traffic accident occurrence report, report on the actual condition of the driver concerned, report on the driver concerned, report on the actual condition of the driver concerned, report on the driver concerned, diagnosis certificate, and

1. Previous convictions in judgment: The application of outputs of the Konet case search and each judgment document to statutes;

1. Article 3 (1), the proviso to Article 3 (2) 7 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning the crime;

1. The punishment provided for in Articles 40 and 50 of the Criminal Act (the punishment imposed on a violation of the Road Traffic Act and a violation of the Road Traffic Act and a violation of the Road Traffic Act without a license).

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act [limited to concurrent crimes with the punishment determined by the crime of violating the Act on Special Cases concerning the Settlement of Traffic Accidents which has heavier penalty, and the lowest sentence shall be applicable to the punishment determined by the crime of violating the Road Traffic Act];

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