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(영문) 의정부지방법원 고양지원 2013.05.31 2013고단614
교통사고처리특례법위반등
Text

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

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

Reasons

Punishment of the crime

1. On December 31, 2012, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”), driving Cbenz S320 automobiles on the side of the dialogue, with a level of 0.05% of the blood alcohol concentration of 0.05%.

Before the same direction, the victim D (the age of 51) was followed by the E-ro vehicle driven by the victim D (the age of 51), and thus, the person engaged in driving service had a duty of care to ensure and proceed with the safety distance that can be avoided when the vehicle stops.

Nevertheless, due to the negligence of driving the vehicle in the vicinity of the vehicle in front of the defendant's vehicle, the victim's vehicle stopped in front of the vehicle in front of the defendant's vehicle was driven in the front part of the vehicle.

Ultimately, the Defendant suffered injury to the victim, such as salt dynasium, which requires approximately two weeks of treatment by occupational negligence as above.

2. The Defendant violated the Road Traffic Act (driving a sound driving) driving of C Benz S320 automobiles under the influence of alcohol concentration of about 700 meters from the front road to the place where the said accident occurred, regardless of the acquisition by the Defendant, which was in the Solsan-dong, Solsan-dong, Solsan-dong, Solsan-si, Sinsan-si.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Written statements of D;

1. Traffic accident report, traffic accident accident report, accident accident accident accident report, accident accident report on the driver, the status of the driver, and the report on the status of the driver;

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

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) 3, and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense;

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

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