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(영문) 청주지방법원 2013.03.28 2013고정139
교통사고처리특례법위반등
Text

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

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

Reasons

Punishment of the crime

1. On December 27, 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 who is engaged in driving of B Poter freight vehicles, and was under the direction of the road in front of the Cheongwon-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Yang Chang-gun, Yang Chang-gun, and a golf shop.

In such cases, a person engaged in driving a motor vehicle has a duty of care to prevent accidents in advance by checking the front side well.

Nevertheless, the defendant neglected to do so and runs well.

In order to go to the lake Park at the same place, the back of the mast car driven by the victim C, which was in the signal atmosphere, was concealed into the front part of the vehicle.

Ultimately, due to the above Defendant’s negligence in the course of performing his duties, the injured vehicle C suffered injury to the affected vehicle C, such as catum salt, which requires approximately two weeks of medical treatment, and injury to the said vehicle D, such as brain satis, which requires approximately two weeks of medical treatment.

2. The Defendant was under the influence of alcohol level of 0.163% at the time and time as stated in the above paragraph (1) of the Road Traffic Act, and operated the said vehicle at a section of approximately 500 meters in front of the Orsong-Eup The Home Plusium in front of the Orsong-Eup Thempis.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in C;

1. A written initial action at the traffic accident site, a practical survey report, a report on detection of a drinking driver, and a circumstantial statement of a drinking driver;

1. Application of each medical certificate, photographic statute;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act;

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

1. Selection of each alternative fine for punishment;

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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