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(영문) 창원지방법원 2016.04.05 2015고단3231
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine not exceeding five million won.

Where the defendant fails to pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

The defendant is a person who is engaged in driving a third car.

On August 25, 2015, the Defendant driven the said car under the influence of alcohol content of 0.171% in blood, and proceeded with the road of the franchison of the window of Changwon-si at the Changwon-si at a speed of 0.171% in the direction of alcohol level from the parallel distance to the south of the franchison.

Since there is a road where the center line of yellow solid lines is installed, there was a duty of care to prevent accidents in advance by safely driving the car with the front line and safely driving the car.

Nevertheless, the Defendant neglected this and proceeded on a bend road to the right, and was driven by the victim D (41 S) who was driven by the central line due to the negligent negligence, and was driven by the victim D(41 ) in front of the upper right side of the last car.

Defendant 1 suffered from the injury of the victim D and the victim F, who is the passenger of the victim (at the age of 47) due to the above occupational negligence, such as salt d, tensions, etc., which require approximately two weeks of treatment respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A survey report on actual conditions;

1. A report on the detection of a primary driver;

1. Each written diagnosis;

1. Application of the written estimate statutes;

1. Article 3 (1), the proviso to Article 3 (2) 2 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 concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each selective fine for punishment (including the fact that an agreement has been reached with victims);

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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