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(영문) 수원지방법원 2013.12.05 2013고정2773
교통사고처리특례법위반등
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Defendant shall be punished by a fine of KRW 5,000,000.

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 Brenren car.

On October 16, 2012, at around 20:55, the Defendant driven the above vehicle in the state of drinking alcohol concentration of 0.126%, and entered the two-lane road in front of the Suwon-si, Suwon-si C.

In such cases, a person engaged in driving service has a duty of care to prevent accidents in advance by safely entering the traffic situation.

Nevertheless, the Defendant neglected to do so and went on as it was, and the Defendant got off against the Defendant’s vehicle by blocking the course of the F-wheeled Vehicle driven by the victim E, who was on the right side from the left side of the direction of the Defendant’s proceeding.

At the same time, the Defendant caused the victim to suffer multiple scopic scopic scopic scopic scopics, etc. which require two weeks of medical treatment by occupational negligence, and damaged the above d.1 million won of repair cost.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of traffic accident occurrence situation in preparation E;

1. Report on personnel actions of a drinking driver, report on the status of a drinking driver, and soft;

1. A written diagnosis and written estimate;

1. Application of traffic accident report and Acts and subordinate statutes governing accident site photographs;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents by Relevant Acts concerning criminal facts, Article 268 of the Criminal Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, Article 151 of the Road Traffic Act;

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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