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(영문) 의정부지방법원 고양지원 2014.03.14 2014고단100
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On December 17, 2013, at around 09:55, the Defendant driven a CKanbon cknbing vehicle with a blood alcohol content of 0.111%, and continued the front of the D building in the Ilyang-dong, Manyang-si, Seoul as the front of the D building in the Goyang-si.

There are four-lanes in which signal lights are installed in the front bank. In such a case, a person engaged in driving service has a duty of care to see the front bank and accurately operate the steering gear and brake system, and even though he/she has a duty of care to safely operate it, the defendant neglected it and was negligent in driving while driving in the front bank as it is while under the influence of alcohol and received a F Spke car of the victim E driving in the signal signal in the front bank.

Ultimately, the Defendant suffered, by negligence, salted, tensions, etc. of the bones of wood, which requires two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of occurrence of traffic accidents prepared by E;

1. A traffic accident report;

1. A written report from an employee of an employer;

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

1. Relevant provisions of Article 3 (1), the proviso to Article 3 (2) 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, and the selection of each fine for negligence concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the lowest sentence shall be applicable to the concurrent crimes within the scope of the sum of the long-term punishments stipulated in the crime of violating the Act on Special Cases concerning the Settlement of Traffic Accidents with heavy punishment and the aforesaid two crimes] among concurrent crimes;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant's reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order are that he/she has been punished several times due to drinking driving and refusal to take a drinking test, and the defendant does not have serious damage to the traffic accident of this case, and the defendant is the victim.

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