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(영문) 수원지방법원 성남지원 2013.08.22 2013고정342
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If a fine is not paid, 50,000 won shall be converted into one day.

Reasons

Punishment of the crime

1. The Defendant violating the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving of a vehicle for riding Cenz.

On October 31, 2012, the Defendant driven the above vehicle under the influence of alcohol of 0.052% in blood alcohol concentration around 22:15, and turned directly from the Chang-dong in the Chang-dong in the Hanam-si in the Chang-si in the Hanam-si, the two-lane course was changed from the point of accident to the two-lane from the point of accident.

In such cases, when there is a concern that a person engaged in driving of a motor vehicle may impede the normal traffic of other motor vehicles running in the direction to which he/she intends to enter, he/she shall not enter the motor vehicle, and has a duty of care to prevent accidents by giving prior notice of entry in advance and safely entering the motor vehicle by keeping the traffic situation well.

Nevertheless, the defendant neglected his course and changed the course to the two-lanes of the same direction, which the victim D (W, 47 years old) driven by the same direction, conflict with the front door part of the vehicle for the right-hand passenger of the Eststren that the victim D (W, 47 years old) went into the front front of the left-hand side of the vehicle.

As a result, the defendant suffered injury to the victim by negligence in the course of business, such as dynasium, which requires approximately two weeks of treatment.

2. A violation of the Road Traffic Act (driving) was driven by the Defendant at a section of about 25 meters from the day on which the Defendant was under the influence of alcohol of 0.052% of blood alcohol content as stated in the above paragraph (1) to the intersection of an animation high school located in the city of Chang-dong at the Chang-dong, Chang-dong, Hanam-si.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. A traffic accident report;

1. A report on detection of a host driver;

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

1. Relevant legal provisions concerning facts constituting an offense, Article 3(1) and proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, and Article 268 of the Criminal Act;

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