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(영문) 청주지방법원 2013.05.30 2013고정349
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On March 14, 2013, the Defendant, who is engaged in driving Category B cargo vehicles, was driving after driving the vehicle again on the road front of the Seocho-gu Heungdong-gu, Seodong-gu, Cheongju, under the influence of alcohol with a blood alcohol concentration of 0.077% on March 14, 2013.

In this case, there was a duty of care to check the safety of the post-ray signal and to check the right and the right and the right of the post-ray.

Nevertheless, due to the negligence of driving a vehicle which was driven by the driver, the driver of the next left side of the next left side of the vehicle operated by the victim C(30 years of age) in the right side of the next left side of the vehicle, and the subsequent even parts of the vehicle are the back of the cargo vehicle.

Ultimately, the Defendant, by occupational negligence, sustained injury to the above victim, such as salt, tensions, etc. in need of a medical treatment for about a week, injury to the victim E (the 19-year old-age-old passengers) such as base salt, tensions, etc. in the trend requiring a medical treatment for about a week, and injury to the above passenger F (the 19-year-old age-old passengers) such as base salt, tensions, etc. in the shoulder joints requiring a medical treatment for about a week.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in C, F, and E;

1. The application of Acts and subordinate statutes to the reports on the occurrence of traffic accidents, actual condition investigation reports, reports on the detection of the primary driver, reports on the circumstantial statements of the primary driver, estimates, medical statements, and opinions; and

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

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, 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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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