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Reasons
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(영문) 수원지방법원 2014.03.20 2013고정3208
교통사고처리특례법위반등
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Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who drives a rocketing car as his duties.

1. On July 23, 2013, at around 22:00, the blood alcohol concentration of 0.105% was drunk, and it was later driven to park a vehicle in an empty space at the parking lot of Taesan apartment 102, 102-dong 102, an underground floor located in Suwon-si, 886-83, Suwon-si, Suwon-si.

In this case, a person engaged in driving of a motor vehicle has a duty of care to properly see the rear side and to accurately operate the steering and brakes.

Nevertheless, due to negligence in the influence of alcohol, the victim D (the age of 18, the remaining) who was seated on the surface of the upper part of the vehicle on which the Defendant was negligent.

Ultimately, the Defendant suffered approximately two weeks of medical treatment due to the above occupational negligence by the victim.

2. While under the influence of alcohol content of 0.105% at the time of the preceding paragraph, the said vehicle was driven at approximately KRW 100 meters from the entrance of Taesan apartment 102-Dong 102, an underground parking lot of the 102-dong 886-83, Suwon-si, Suwon-si, to the second underground parking lot of the second underground floor.

Summary of Evidence

1. Defendant's legal statement;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to reports on detection of drivers and circumstantial statements of drivers;

1. Relevant legal provisions concerning criminal facts, 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 According to the Selection of Punishment, Article 268 of the Criminal Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, and the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (to the extent that the maximum amount of the crimes of the above two crimes is aggregated);

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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