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(영문) 의정부지방법원 고양지원 2013.11.14 2013고정1383
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

1. On May 13, 2013, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents, at around 20:50, driven a bwing-III cargo vehicle with a blood alcohol content of 0.103%, while driving at the same time as the blood alcohol content of which is 0.103%, and, at the same time, proceeded along the two-lanes from the direction of the original station to the direction of the parallel.

In such cases, a person engaged in driving service has a duty of care to safely operate by accurately operating the steering wheel and brake system.

Nevertheless, when the Defendant was negligent due to the negligence while neglecting this, and the Defendant was driven by the victim C(the age of 45) who was temporarily stopped in accordance with the signals while the vehicle was in operation on the mast in the front place, and was driven by the Defendant as the front part of the said cargo vehicle operated by the Defendant.

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

2. The Defendant violated the Road Traffic Act (driving) at the same time, as Paragraph 1, driven the above B salary class III truck under the influence of alcohol concentration of approximately 0.103% at the section of about 2 km from the front of the “cron station basin,” which is located in Gyeyang-gu, Seoyang-gu, Yangyang-gu, Seoul, to the location of the accident like Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A medical certificate;

1. On-site and vehicle photographs;

1. The actual survey report on traffic accidents;

1. The circumstantial report of an employee;

1. Application of Acts and subordinate statutes to a report on detection of a host driver;

1. Relevant Article 3 (1), the proviso to Article 3 (2) 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 the crime, the selection of each fine for negligence;

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

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

1. The order of provisional payment;

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