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(영문) 청주지방법원 충주지원 2012.12.28 2012고단1052
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a EX-type car by borrowing.

On July 28, 2012, at around 02:30, the Defendant driven the said car with a blood alcohol concentration of 0.179%, and led to the driving of the said car to the direction of the three-way distance from the lurgical distance on the side of the lurg road, which is located in the enclosed drive at the hurging and enclosed of the Chungcheong.

At the time, there were nights, and there was a signal with on-and-off yellow lights installed, so there was a duty of care to see the front left and operate the steering system and the steering system accurately and safely.

Nevertheless, the Defendant neglected to do so and proceeded with the Defendant’s vehicle right-hand part of the passenger vehicle, which was installed on the wing distance, received telegraphs from the Defendant.

Ultimately, the Defendant suffered, by negligence, from the victim C, who was accompanied by the Defendant’s car operation chief of the passenger car operation, approximately 16 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement of the police statement regarding C;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. The actual condition survey report on traffic accidents, and each photograph;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

1. Relevant legal provisions concerning criminal facts, Article 3 (1), the proviso of Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, Article 148-2 (2) 2 and Article 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. Although the reason for sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order is the case where the defendant was involved in a motor vehicle accident due to drinking driving and the victim suffered a relatively heavy injury, the defendant's mistake is recognized and the victim is the victim.

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