2015fixed 772 Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Violation of the Road Traffic Act (Retoxicated Driving)

A.

Residence

Reference domicile

Kim Tae-tae (Lawsuits) and Correction (Trial)

Attorney ○○○ (Non Line)

December 3, 2015

1. The defendant shall be punished by a fine of 4,00,00 won.

2. If the defendant does not pay the above fine, the defendant shall be confined in a workhouse for a period of 100,000 won converted into one day.

3. An order to pay an amount equivalent to a fine shall be issued.

Facts of crime

1. Violation of the Act on Special Cases concerning Traffic Accident Settlement;

On December 31, 2014, at around 00: 19: Around 00, the Defendant: (a) driven the cargo truck of ○○ho Lake, and ○○○○ Elementary School located in the ○○○○○ dong, and caused the Defendant to suffer an injury of the victim B (44 years old) of the Defendant’s trucking the front part of the Defendant’s trucking the Defendant’s cargo onto the front part of the Defendant’s cargo, and caused the Defendant to incur about 2 weeks of 'the ○○ Maritime Police Station’, which has stopped the signal waiting, and neglected the Defendant’s duty to operate the brakes properly; and (b) caused the Defendant’s occupational failure to perform the duty to operate the brakes.

2. Violation of the Road Traffic Act (Drinking);

Under the status of 0.137% of the blood alcohol content in the same time as the preceding paragraph, the Defendant driven approximately 200 to 300 meters of the freight vehicle from a public parking lot near the above accident site to the above accident site.

Summary of Evidence

1. Legal statement of the witness B;

1. A traffic accident report and an occurrence of a traffic accident;

1. The circumstantial statement of a host driver (excluding part of the departure point and the location from which it is discovered);

1. Photographs;

1. Written estimate and written diagnosis;

Application of Statutes

1. Relevant Articles of criminal facts;

Article 3(1) and proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation of occupational negligence, the choice of fines), Article 148-2(2)2 of the Road Traffic Act, and Article 44(1) of the Road Traffic Act (the occupation of drunk driving, the choice of fines)

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Detention in a workhouse;

Articles 70(1) and 69(2) of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

The acquittal portion

Of the facts charged in the instant case, we examine the driving distance of the part on the violation of the Road Traffic Act (driving). In a case where a vehicle driving approximately approximately 200 to 300 meters from a public parking lot near the place of the accident, it is denied the charges that the vehicle driving approximately 15 km from ○○.

The evidence that corresponds to this part of the facts charged is part of the witness’s legal statement of the witness C, the examination report of the police officer against the defendant, the circumstantial statement of the driver, and the driving distance among the results of the crackdown on drunk driving. This is all the contents of the defendant’s statement at the police, so long as the defendant denies its contents in this court, it cannot be used as evidence, and there is no other evidence to acknowledge the driving distance.

Therefore, the part of the above facts charged that exceeds the driving distance claimed by the defendant constitutes a case where there is no evidence of a crime, but as long as the defendant is found guilty of the violation of the Road Traffic Act (driving under the influence of alcohol) in the judgment with a single crime, the defendant shall not be acquitted in the disposition.

Judges Kim Jin-hee