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(영문) 서울서부지방법원 2013.10.17 2013고정480
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

On October 13, 2010, the Defendant was sentenced to a fine of KRW 1,00,000, and a fine of KRW 2,000,000 for the same crime in the same court on March 13, 2012, respectively, in order to prevent the violation of the Road Traffic Act (driving) from being committed by the Goyang Branch of the District Court.

On July 27, 2012, the Defendant, while under the influence of alcohol content 0.094% on blood alcohol content around 03:30 on July 27, 2012, driven a eccoo vehicle B, and led the Defendant to drive the ecoo vehicle, which is located in Changcheon-dong 30-33, Changcheon-gu, Seoul, Seoul, to drive approximately one meter back in the direction of modern department store in the direction of punishment reconcing.

At the same time, since the Da car driven by the victim C had already been a stop, the driver of the vehicle behind the stop has a duty of care to safely drive the next side by keeping it well, and prevent the accident from spreading. However, under the influence of alcohol, the Defendant took the front part of the car driven by the victim due to the following negligence while neglecting it, and suffered the injury, such as the erode, tension and tension, etc., of the car driven by the victim C and the victim E, the passenger of the vehicle driving by the victim and the victim, by taking the front part of the car driven by the victim due to the following negligence.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. A written report from an employee of an employer;

1. A traffic accident report (1) (2);

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

1. Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act (the point of sound driving), 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, Article 268 of the Criminal Act concerning criminal facts;

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. It is so decided as per Disposition on the grounds of Articles 70 and 69(2) of the Criminal Act or more;

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