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(영문) 의정부지방법원 고양지원 2015.10.23 2015고정1107
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person engaging in driving a rocketing cargo vehicle.

On June 9, 2015, at around 20:25, the Defendant driven the above vehicle while under the influence of alcohol of 0.169% of blood alcohol concentration, and led the Defendant to proceed from the unification to the direction of the direction of the forest.

In this case, a person engaged in driving service has a duty of care to prevent accidents by accurately manipulating the steering gear and brakes of the vehicle and to prevent accidents.

Nevertheless, the Defendant was negligent in driving a vehicle while under the influence of alcohol as above and received the rear part of the DNA passenger vehicle driven by the victim C(33 years old) who had the signal atmosphere at the front of the same direction.

As a result, the Defendant suffered, by negligence in the above business, the injury to the victim, such as saved salt in need of treatment for about two weeks, and the injury to the victim E (the 40-year old age), who was on board the above saved car together with the above saved car, such as saved salt in need of treatment for about two weeks.

2. Violation of the Road Traffic Act (driving) was driven by the Defendant under the influence of alcohol of approximately 500 meters from the section of approximately 00 meters of blood alcohol concentration to the home fracker’s front road, which is the place of accident as referred to in paragraph (1), in the case of a new oil station in the Si/Gu-Eup at a temporary border, such as paragraph (1) of this Article.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in C;

1. Investigation report on actual condition, investigation on the control of drinking driving, and application of each medical certificate to Acts and subordinate statutes;

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

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

1. Selection of each alternative fine for punishment;

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