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(영문) 의정부지방법원 2013.06.20 2013고정1349
교통사고처리특례법위반등
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Defendant shall be punished by a fine of KRW 4,500,000.

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

Reasons

Criminal facts

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 car.

On February 7, 2013, the Defendant driven the above vehicle while under the influence of alcohol of 0.166% with a blood alcohol concentration of 0.40% on February 19, 2013, and driven the three-lane road of 637 degrees in the south-si, Hoyang-si, the Defendant proceeded at an insular speed along three-lanes on the side of the YY-si, YY-si.

In the vicinity of the intersection, the driver has the duty of care to secure the necessary distance to avoid the collision with the vehicle ahead and to prevent the accident in advance by safely driving the vehicle ahead.

Nevertheless, the Defendant neglected this and found the victim C's low-speed car standing in the signal signal at the front, and operated it late, but received the part behind the damaged vehicle as the front part of the Defendant's vehicle.

As a result, the Defendant suffered, by negligence, injury to the victim, such as scarcity and tension, which requires medical treatment for about two weeks, and injury to the victim E, who is the passenger of the damaged vehicle, such as scarcity and tension for two weeks.

2. Around 19:40 on February 7, 2013, the Defendant driven a B rocketing car under the influence of alcohol content of 0.166% from a 500-meter section of alcohol alcohol level to a 637-on Hayang-si, Namyang-si, Namyang-si.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C;

1. Reports on traffic accidents and reports on occurrence of traffic accidents;

1. A report on the status of running a driving and the detection of a driver;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes on site photographs;

1. Article 3(1), proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the Road Traffic Act concerning criminal facts.

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