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(영문) 창원지방법원 2015.05.14 2015고단40
교통사고처리특례법위반등
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

The defendant is a person who is engaged in driving of B Poter cargo vehicles.

On October 13, 2014, at around 18:10 on October 13, 2014, the Defendant driven the above cargo vehicle with a blood alcohol concentration of 0.136%, and driven the two-lane road in front of D in Kimhae-si C along the two-lanes from the right edge to the right edge.

In such cases, the driver has a duty of care to care in advance to prevent accidents by accurately manipulating the steering and steering gear of the driver.

Nevertheless, the Defendant neglected this and waited for the signal at the bee at the bee off, and received the back portion of the Fran-car driven by the victim E (n.e., the age of 49) from the front portion of the above cargo vehicle, and due to its shock, the above Mran-car was pushed ahead by the victim G(S) who stops on the front side for the same reason.

As a result, the Defendant suffered, by such occupational negligence, injury to the victim E, such as chest spel, etc. which requires approximately four weeks of treatment, injury to the victim I (the 52-year old-age-old-age-old-age-age-age-age-age-age-age-age-of-life treatment, and injury to the victim G in need of approximately two weeks of treatment, such as dump, tension, etc.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. The actual condition survey report;

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

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act;

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

1. Selection of each alternative fine for punishment (including the fact that an automobile comprehensive insurance policy is subscribed, the fact that there is no same kind of electricity, and the fact that it is against each other);

1. The former part of Article 37 and Article 38 of the Criminal Code to increase concurrent crimes.

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