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(영문) 의정부지방법원 고양지원 2013.11.14 2013고정1114
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

1. On February 16, 2013, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents, at around 00:30, the Defendant driven B-II cargo vehicles with blood alcohol content of 0.079%, while driving at the speed of 0.079%, and, at the speed of Goyang-gu, Seoyang-gu, U.S. Port-dong, 76-2, the passage of the elimical 2 underground1st parking lot was proceeding toward the ground exit on the side of the access road of the second underground floor.

In this case, a person engaged in driving service has a duty of care to reduce speed and drive safely by checking well the left left.

Nevertheless, when the Defendant was negligent and negligent in driving the vehicle as seen above, the Defendant was placed at the right corners of the victim C owned by the victim D C, which was parked in the above parking lot due to the negligence of neglecting it, and was placed at the right corners in front of the above cargo vehicle operated by the Defendant.

Ultimately, the Defendant suffered injury to the victim C (V, 31 years old) who was on board the above damaged vehicle due to the above occupational negligence, such as salt, tensions, etc. in need of a two-day medical treatment.

2. The Defendant violated the Road Traffic Act (driving) at the same time and at the same time run the b eb Ⅱ truck under the influence of alcohol content of approximately 0.079% in a section of about 200 meters from the 3rd underground parking lot of the Jindo-dong, Busan-dong, Busan-dong, 76-2, to the accident site of the above “1” at approximately 76-2.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A medical certificate;

1. A traffic accident report;

1. A report on detection of a host driver;

1. Application of Acts and subordinate statutes to the circumstantial report on a host driver;

1. Relevant provisions of Article 3 (1), the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 3, and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and the selection of each fine;

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

1. Detention at a workhouse;

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