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(영문) 의정부지방법원 고양지원 2015.10.16 2015고정1012
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 3,500,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a car in a SP area B.

On 01. 01. 01. 01. 01. 01. 01. 01. 01. 01. 01. 0.20, the Defendant driven the said car with the blood alcohol concentration of 0.107%, and driven the front road located in U.S. Dong-gu, U.S., U.S. C from the right edge to the parallel.

In such cases, a person engaged in driving service has a duty of care to care in advance by safely operating the steering gear and steering the steering gear in a correct manner.

Nevertheless, the Defendant neglected to go under the influence of alcohol and got the back part of the FRason car driven by the victim E in front of the direction of the driving, which was in the direction of the driving, into the front passenger car of the Defendant, and due to the shock, the Defendant got the back part of the HHason car driven by the victim G, who was in the front of the signal while being pushed down in the direction of the driving.

Ultimately, the Defendant suffered from the injury of the victim E and G, such as salt, tensions, etc., in need of approximately two weeks of treatment by the aforesaid negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. A written report from an employee of an employer;

1. 각 �오사고관련자 진술서

1. Each written diagnosis;

1. Application of statutes on site photographs;

1. Article 3 (1) and the proviso of Article 3 (2) of the Act on Special Cases concerning the Handling of Traffic Accidents by Relevant Acts concerning the facts constituting an offense, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act (a point of driving while driving a motor vehicle);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment prescribed for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Act on Special Cases concerning the Settlement of Traffic Accidents concerning G with heavy criminal situation)

1. Selection of an 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. Article 70 of the Criminal Act for the Detention of Labor House Head.

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