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(영문) 창원지방법원 통영지원 2013.04.25 2012고단1058
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving a Brane car.

On October 18, 2012, the Defendant driven the above vehicle on October 18, 2012, and driven the entrance road at the beginning of the beginning of the beginning of the year from the beginning of the year to the middle of the two-lane.

The Defendant, while under the influence of alcohol content 0.117%, taken the Handphones in the main machine while being drunk, did not confirm the Handphones, and got the back part of the victim C(the age of 44) drive DD 5 that was stopped on the front side of the Defendant’s vehicle, and the victim E (the age of 41) (the age of 5) who was stopped on the front of the vehicle due to the shock of the vehicle, was able to get the front part of the driver’s frith personal taxi.

As a result, the Defendant suffered injury to the victim C, the victim G(34 years of age), and the victim E in need of two weeks of medical treatment.

2. Around 18:10 on October 18, 2012, the Defendant driving a B-car owned by the Defendant under the influence of alcohol at a distance of approximately KRW 500 meters from the Domini Agricultural Parking Site located at the beginning of the beginning of the year of the death of the Plaintiff at the beginning of the year to the road at the entrance of the beginning of the year of the Myeongri located at the same Myeongri, with a blood alcohol concentration of at least 0.117%.

Summary of Evidence

1. Defendant's legal statement;

1. C and E written statements;

1. A report on detection of a host driver;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1) (proviso) and Article 3 (2) (proviso) 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 ( mutually among the violations of the Act on Special Cases concerning the Settlement of Traffic Accidents);

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. The order of provisional payment;

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