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(영문) 의정부지방법원 2013.10.15 2013고단2894
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of eight million won.

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

Reasons

Punishment of the crime

On July 27, 2013, the Defendant is a person engaged in driving C QM5 vehicle. On July 27, 2013, the Defendant driven the said vehicle while under the influence of alcohol of 0.138% on blood alcohol level, and proceeded at a two-lane road of 687-2 in Jinyang-si, Jinyang-si, Jinyang-si, at a speed of about 60km from Seoul to Spocheon-si. At that time, at night and at that time, a yellow cell line is installed, and the driver is obliged to thoroughly operate the front line and keep the yellow cell line safely. However, the Defendant was negligent in driving the vehicle while driving the vehicle while being under the influence of alcohol, while driving the said vehicle at a speed of 0.138%, the Defendant suffered from the injury of the victim D(54 years old) due to the negligence of driving the vehicle at the center, and driving the vehicle at the opposite lane, thereby preventing the injury of the victim from driving the vehicle in front of the said 1 week.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Each written diagnosis;

1. The actual condition of traffic accidents;

1. A report on proper launch of a drinking driver, report on internal investigation (whether a drinking driver is a drinking driver), and investigation report (in the mark form);

1. Application of Acts and subordinate statutes on accident site and accident vehicle photographs;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents by the Selection of Punishment, Article 268 of the Criminal Act, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and the selection of fines;

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order causes the traffic accident of this case where the injured party was injured by the central line due to the drunk driving. Although the nature of the crime of this case is very good, the defendant is led to confession and reflect, and the vehicle is harmful.

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