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(영문) 광주지방법원 2013.05.22 2013고정732
교통사고처리특례법위반등
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Defendant shall be punished by a fine not exceeding 4.5 million won.

Where the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On February 9, 2013, while under the influence of 01:40% of blood alcohol level, the Defendant driven a Category B car in front of the 0.163% of alcohol level, and driven the road in front of the 0.163% of the 0.0% of the 0.00 Yae-gu in Gwangju Nam-gu in front of the 000 Yari-gu in front of the two-lane in the front of the 3-lane in the front of the 000 Yari-gu in the front of the GUri-gu in the front of the GUri-gu in the front of the hospital, and was negligent in operating the brake system accurately due to the stop signal, and caused the Defendant’s failure to perform his duty of care to prevent the accident by accurately operating the brake system, thereby leading the Defendant’s vehicle to the rear and the victim E (36 years old and female) with the rear part of the Defendant’s vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The actual condition survey report;

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

1. Application of Acts and subordinate statutes of a medical certificate;

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

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, Article 38 (1) 2, and Article 50 of the Criminal Act [the lowest limit shall be the minimum limit of the crimes of violation of the Road Traffic Act, and the minimum limit shall be the minimum limit of the crimes of violation of the Road Traffic 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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