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(영문) 수원지방법원 성남지원 2013.03.19 2013고정423
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If a fine is not paid, 50,000 won shall be converted into one day.

Reasons

Punishment of the crime

On November 23, 2012, the Defendant is a person driving Bone Star Motor Vehicle. On November 23, 2012, the Defendant driven the said Motor Vehicle at a state of drinking alcohol concentration of 0.112% and led to the front of the stop line in front of the 1932 Oddok-gu, Sungnam-si, Sungnam-si, an act of driving the said Motor Vehicle at a state of drinking alcohol concentration of 0.112%.

The location has an intersection where on-and-off signal, etc. is operated on the right side, and there was a vehicle first entered the intersection from the left side of the defendant's proceeding direction.

In such cases, the driver of a motor vehicle has a duty of care to prevent accidents by safely driving the motor vehicle by safely driving the motor vehicle, such as driving the motor vehicle, by temporarily stopping or slowly driving the motor vehicle prior to the entry into the intersection and driving the motor vehicle in the intersection while keeping the traffic situation in the intersection well.

Nevertheless, the defendant is running an intersection by neglecting the remaining under the influence of alcohol.

Around that time, the victim C(the age of 38) who first entered the intersection from the left side of the defendant's moving direction to the right side did not avoid the DNA string vehicle driven by the victim C(the age of 38) and did not conflict with the front part of the vehicle of the defendant.

The Defendant suffered injury to the victim, such as salt, tension, etc. in need of treatment for about two weeks due to occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to reports on detection of drivers and traffic accident reporting;

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

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. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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