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(영문) 수원지방법원 안산지원 2013.07.26 2013고정762
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who drives BCA110 Oba.

On February 14, 2013, at around 04:20, under the influence of alcohol 0.088% of blood alcohol concentration, the above vehicle was driven by the said vehicle, and the front path of the Newcheon Supervisory Board in Shincheon-dong in Sincheon-dong in SinYcheon-dong was proceeding at a ethic speed from the ethic distance to the welfare street.

In such cases, a person engaged in driving of a vehicle has a duty of care to safely proceed after checking the front side and the left side of the vehicle and whether there is a pedestrian on the road.

Nevertheless, as a result, C (60 years of age, South) who was illegally crossingd in the Dong office due to negligence of neglecting the Jeonju-si, was completely driven by the Defendant.

Ultimately, the above victim suffered injury in need of medical treatment for three weeks, such as high return and heating, due to these negligence.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A traffic accident report;

1. A report on detection of a host driver;

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

1. Relevant provisions of 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) 3, and Article 44 (1) of the Road Traffic Act (the point of a sound driving), the selection of fines for each crime (the consideration of accidents involving the driving of sewage and sand, unauthorized crossing of victims, agreements with victims, etc.);

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;

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