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(영문) 창원지방법원 마산지원 2013.07.04 2013고정328
교통사고처리특례법위반등
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B-Wood vehicle.

On March 1, 2013, the Defendant was under the influence of alcohol on 02.36% of blood alcohol concentration 0.122%, and the Defendant continued to drive approximately 40 km per hour on the side of the middle basin of the East apartment above the three-lane roads of the Eastern apartment located in Changwon-si, Busan Metropolitan City, Seowon-si, Seogwon-si.

At the time, the night time, when the front direction was coming down, and the front direction was turned down, and at the time of the accident at the time of the accident by a three-distance intersection, the driver of the motor vehicle had a duty of care to prevent the accident in advance by checking the safety of the course by reducing speed and driving the front direction well well, and driving the motor vehicle safely.

Nevertheless, the defendant neglected this and continues to drink alcohol at the same speed.

In order to turn to the left on the opposite side, the victim C(E, 52 years of age) who stops the vehicle of the defendant's driver, and the victim C(E, 52 years of age) was in front of the freight vehicle.

As a result, the Defendant suffered injury, such as injury, etc. caused by each of the following three weeks to the victim, passenger E (V, 47 years old), and F (V, 22 years old) who need to receive approximately three weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of Acts and subordinate statutes to reports on detection of drinking drivers, reports on circumstantial statements of drinking drivers, and records of the control of drinking driving;

1. Article 3 (1), the proviso of Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Handling of Traffic Accidents, the Selection of Punishment for Crime, Article 268 of the Criminal Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, and the Selection of Fine for Negligence;

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

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 of the Criminal Act for the confinement of a workhouse.

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