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(영문) 의정부지방법원 2013.05.02 2013고정750
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of 4.5 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. On November 22, 2012, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents, at around 16:25, 0.167% of alcohol content in blood, and the Defendant driven the said B rocketing car and transferred the 366-day street of the Jinyang-si, Jinyang-si to the right of way from the east-ri to the east-ri-ri.

At this point, prior to moving back to a backway, there was a duty of care to check the safety of the course and to turn back the course.

Nevertheless, the part above the left-hand part of the victim's Done Star Cargo Vehicle, which was stopped to enter the road due to negligence bypassing it, was shocked by the front-hand part of the defendant's vehicle.

Ultimately, the Defendant, by occupational negligence, inflicted an injury on the victim with salt and tension that requires approximately two weeks of treatment.

2. On the same date as stated in the above 1.1., the Defendant was driving a B rocketing car owned by E in a section of about 200 meters from the mar in front of the plastic house located in the mar of Jinyang-si, Namyang-si, Namyang-si to the 366th mar of the Jinyang-si, Namyang-si.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement prepared in C;

1. A medical certificate;

1. Actual condition survey report, traffic accident occurrence report, and accident site photograph;

1. Application of Acts and subordinate statutes to reports on detection of drivers and circumstantial statements of drivers;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and proviso to Article 3 (2) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act, and the selection of fines;

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;

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