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Reasons
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(영문) 의정부지방법원 2015.05.18 2015고정367
교통사고처리특례법위반등
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Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

A. On September 13, 2014, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”), driving the said vehicle at a speed below speed of 0.196% on the back side of the two weeks, and driving the said vehicle at a speed below speed of 0.196% on the back side of the new apartment.

In such cases, a person engaged in driving service has a duty of care to prevent the occurrence of an accident by taking the front door, left and left well and driving safely.

Nevertheless, the Defendant neglected this and proceeded to the left-hand side of the Ethrop vehicle operated by the victim D, which was frighted on the left-hand side of the proceeding direction, was shocked into the left-hand part of the vehicle operated by the Defendant.

The Defendant, by these occupational negligence, sustained injury to the victim D, such as salt, tensions, etc. of the chills that require a stable treatment for about two weeks, and to the f of the f of the f of the f of the f of the f of the f of the f of the f of the base.

B. The defendant is in violation of the Road Traffic Act.

By driving the above vehicle at the temporary border such as the same time as the paragraph, the section of approximately 500 meters from the front of the "Mymarp" in the Gyeyang-dong in Yangju to the front of the 1416-ro 58-10-ro in Yangju-si was drunkly driven in the state of blood alcohol concentration of about 0.196%.

Summary of Evidence

1. Defendant's legal statement;

1. A blood appraisal report;

1. Written statements prepared in D;

1. Application of Acts and subordinate statutes to a report on investigation (a medical certificate, a winner, or a quotation);

1. Article 3 (1), the proviso of Article 2, Article 08, Article 268 of the Criminal Act, Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense;

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

1. Selection of an alternative fine for punishment;

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

1. Article 70 of the Criminal Act for the Detention of Labor House Head.

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