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(영문) 창원지방법원 통영지원 2013.10.23 2013고정307
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a car B. A.

On April 2, 2013, at around 00:25, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents, when driving the said vehicle while under the influence of alcohol 0.136%, and driving the said vehicle in front of the new village distance in the long-distance dong at a macropyeong-si, with the new village distance outflow from the Seodaemun-gu Tririririri-ri-ri distance gate, the Defendant had a duty of care to look at the front and the right and the right and the right and the right and the right and the right and the right and the right and the right

Nevertheless, the defendant neglected this and was negligent in driving at the front of the vehicle of the victim C(24 years old) who stops in the traffic signal atmosphere at the front of the vehicle of the defendant.

As a result, the Defendant suffered injury to the victim C, such as light fat and fatal fat, which requires approximately two weeks of treatment, and injury to the victim E, who is the passenger of the damaged vehicle, such as cerebral fat, which requires approximately two weeks of treatment.

B. The Defendant violated the Road Traffic Act (driving) in the vicinity of a new bank located in the ancient city at the same time while under the influence of alcohol 0.136% of temporary border and blood alcohol concentration under the preceding paragraph, and driving the said vehicle by approximately 100 meters up to the next road of the new village distance in the same hour at the same time.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of traffic accident-related person;

1. A report on the occurrence of a traffic accident, photographs related to the scene of the accident, actual condition survey report, appraisal, commission and reply;

1. Application of Acts and subordinate statutes to the Report on Proprietary Drivers, the Report on Preliminary Statement of Poisonous Drivers, and the Report on Request for Expert Opinion;

1. Article 3 (1) and the proviso of Article 3 (2) of the Act on Special Cases concerning the Handling of Traffic Accidents by Relevant Acts concerning criminal facts, 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 (the point of sound driving);

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

1. Selection of each alternative fine for punishment;

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

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