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(영문) 대구지방법원 김천지원 2013.05.09 2013고정172
도로교통법위반등
Text

Defendant shall be punished by a fine of KRW 3,500,000.

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 49cc Orala.

1. At around 15:00 on November 16, 2010, the Defendant continued the front road of a large-scale station located in the Dong-si, Si-si, Si-si to a terminal from the surface of the stowinging funeral distance to the surface of the terminal.

In this case, the defendant had a duty of care to live well before and after the left and to safely operate the steering gear and the steering gear.

Nevertheless, the Defendant neglected to drive the signal signal stop due to negligence, thereby resulting in the cpanion of the victim B(S, 44 years old) driving in the traffic signal atmosphere, and resulting in the cpanion of the car above.

The Defendant damaged property equivalent to KRW 1,056,520, such as exchange of C followeders by occupational negligence as above.

2. The driver was driving the otob in the state of being 0.235% of the oban alcohol concentration at that time.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A report on detection of a host driver and a circumstantial statement;

1. Application of the Acts and subordinate statutes concerning a report on investigation (attached estimates) and a written estimate attached thereto;

1. Article 151 of the former Road Traffic Act (amended by Act No. 10790, Jun. 8, 2011; hereinafter the same shall apply); subparagraph 1 of Article 148-2 of the former Road Traffic Act (amended by Act No. 10790, Jun. 8, 201; hereinafter the same shall apply); the selection of each fine for a crime;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with the punishment determined for a violation of the Road Traffic Act with heavier punishment);

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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