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(영문) 부산지방법원 2013.06.26 2013고정2425
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 4,500,000.

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

Reasons

Punishment of the crime

The defendant is a person who drives a B-Epurd vehicle.

On January 26, 2013, the Defendant driven the said car under the influence of alcohol level of 0.170% on blood alcohol level on January 26, 2013, and led to the driving of the said car at the lower side of the road in front of the Alley golf club at the lower bottom of Busan.

Any person shall be prohibited from driving a motor vehicle under the influence of alcohol, while driving a motor vehicle, he/she has a duty of care to prevent accidents by accurately manipulating the steering system, brake system, etc. of the motor vehicle and safely driving the motor vehicle.

Nevertheless, the Defendant neglected to do so, while under the influence of alcohol, and neglected to do so, received the front part of the vehicle in front of the vehicle that the Defendant driven by the victim C (the 58-year-old) who is in the atmosphere of signal at the front of the day when he was driven by the victim C(the 58-year-old taxi).

Ultimately, the Defendant suffered injury to two parts of the above victim, which requires medical treatment for about two weeks, due to the above occupational negligence, and suffered injury to the victim E (33 years of age) who boarded the Defendant’s vehicle for one-day medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each traffic accident report;

1. A report on the actual state of the driver;

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

1. A traffic accident occurrence report;

1. C's statement on the occurrence of traffic accidents;

1. Medical certificate and written confirmation of medical treatment;

1. Written estimate;

1. Application of Acts and subordinate statutes to photographs of accident vehicles;

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 criminal facts, 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 (the point of sound driving);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes ( mutually among the violations of the Act on Special Cases concerning the Settlement of Traffic Accidents);

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;

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