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(영문) 제주지방법원 2013.03.25 2013고단157
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is a driver of a fixed-line cargo vehicle C.

1. On November 16, 2012, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”) was a person engaged in driving C-wing F-FF truck, and the Defendant driven the said vehicle while under the influence of alcohol of 0.117 percent of blood alcohol concentration at around 04:30 on November 16, 201, and was driving in the direction of A-FF restaurant at a 30-meter road located on the same side of C-FF truck at Samsung and at the Myeonhh

A person who is engaged in driving of a vehicle shall not interfere with the course of the vehicle running along the lane intended for the change of the lane. However, the defendant suffered from the injury of the victim D's Eba vehicle running along the two lanes due to the change of course from one lane to two lanes, resulting in the victim's Eba vehicle driving along the two lanes, leading the victim F (34 years of age) who is the passenger of the said vehicle, to avoid the vehicle driving, and drive the eba of the victim's Eba vehicle driving along the two lanes, and thereby, the victim F (34 years of age), who is the passenger of the said vehicle, to undergo a two-day medical treatment for the two-day period of time, such as catal salt, etc., and to the victim G (34 years of age).

2. Around 04:30 on November 16, 2012, the Defendant violated the Road Traffic Act (driving) driven the freight vehicles listed in paragraph (1) from the river market parking lot located in Seopo-si, Seopo-si, Seopo-si, Seopo-si, Seopo-si, Seopo-si to about 30 meters on the same side at approximately 5 kilometers.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. The actual condition survey report;

1. Report on proper launch of a driver, report on the status of a driver, and the register of driver's licenses;

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

1. 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, Article 148 (2) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense (the point of driving while driving a motor vehicle);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of penalty:

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