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(영문) 의정부지방법원 2015.04.02 2015고정390
교통사고처리특례법위반등
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1. The defendant shall be punished by a fine of 6.5 million won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Criminal facts

1. On November 12, 2014, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”) by driving a Category B Pool in the state of drinking alcohol concentration of 0.137% on blood alcohol level, and caused the victim to suffer injury, such as catum catums and tension, which require treatment for approximately two weeks in front of the vehicle under the influence of alcohol, by negligence while the victim C (the age of 29) was under the influence of alcohol due to negligence while driving a two-lane distance at the center of the river basin in the mountain basin in the middle of the two-lane.

2. Around 03:00 on November 12, 2014, the Defendant driving a B Poter vehicle at a distance of about 3 km from the road surface at the entrance of the upstream-dong mountain at Dongducheon-si to the living dong-dong street at Dongducheon-si, Dongbcheon-si, with a blood alcohol content of about 0.137% at the main stream of about 0.137%.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report, a circumstantial report on the occurrence of a traffic accident, a report on the detection of a drinking driver, and a survey report on actual status;

1. A medical certificate;

1. Application of statutes on site photographs;

1. Relevant provisions of Article 3 (1), proviso of Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning criminal facts, the selection of fines for each crime;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;

1. Articles 70 (1) 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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