logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2013.06.18 2013고정2231
교통사고처리특례법위반등
Text

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

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

Reasons

Punishment of the crime

The Defendant is a passenger car driver B.

On January 16, 2013, at around 23:26, the Defendant was under the influence of alcohol with 0.134% of blood alcohol concentration, and was exposed to the drinking control while driving the said vehicle in front of the Busan East-gu Hot Spring-dong, Samsan Coin's Model House, which was moving from the intersection to the edge of the road.

In this case, the defendant engaged in driving of a motor vehicle has a duty of care to prevent the occurrence of an accident in advance by accurately manipulating the steering side, steering system, etc.

Nevertheless, the Defendant, while under the influence of alcohol, has been unable to continue to proceed with it.

At this time, the part of the victim C(the age of 21)'s right bridge leading the vehicle to the edge of the road in order to measure the accurate drinking volume of the defendant's vehicle, is shocked by the front part of the driver's seat in front of the vehicle.

The Defendant suffered from the injury of satisfe satum satisfe, which requires approximately two weeks of medical treatment to the victim by occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the occurrence of each traffic accident in D and C;

1. A traffic accident report (1) (2), an employer-employed driver, an employer-employed driver, a statement on the state of his/her oral statement, and taking photographs of the accident place;

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

1. Relevant Article of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, Article 3 (1), the proviso of Article 3 (2) and Article 3 (8) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act and the selection of fines, respectively;

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;

arrow