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(영문) 의정부지방법원 2015.04.02 2015고정362
교통사고처리특례법위반등
Text

1. The defendant shall be punished by a fine of four million won;

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

Reasons

Criminal facts

1. On October 21, 2014, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”) committed an act of proceeding the front road of a superior high school, which is located in 79 at the speed of 0.107% in the state of alcohol by driving a string-top vehicle with the blood alcohol concentration of at least 0.107%, along the same as the front part of the vehicle of the Defendant’s driving vehicle, without securing the safety distance under the influence of alcohol, by driving the front road of a superior high school, which is located in 79 at the speed of his own government, along the front part of the two lanes, from the boundary of the new market at the seat of the new market, along the front part of the two lanes, without securing the safety distance under the influence of alcohol.

Ultimately, the Defendant suffered from the injury of the victim C and the victim E (age 28) who is the passenger of the said K7 vehicle due to the foregoing occupational negligence, such as salt, tension, etc. of the Yacheon that requires approximately two weeks of medical treatment.

2. Around 21:40 on October 21, 2014, the Defendant driven B rocketing vehicles under the influence of alcohol content of about 100 meters on the front of the upper-class high school located in the upper-class 79 in the upper-class juncture of the Government in front of the upper-class juncture of 100 square meters.

Summary of Evidence

1. Defendant's legal statement;

1. The report of a traffic accident, the report on the occurrence of a traffic accident, the field map, the site photograph, the circumstantial statement of a drinking driver, the report on detection of a drinking driver, and the results of the crackdown on drinking driving;

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

1. Article 3 (1), the proviso to 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, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 (Mutual Crimes against Violation of the Act on Special Cases concerning Settlement of Traffic Accidents)

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. Article 70 of the Criminal Act for the Detention of Labor House Head.

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