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(영문) 춘천지방법원 2014.01.27 2013고단1156
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

1. On August 12, 2013, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents, while under the influence of alcohol at around 09:40 percent of alcohol content in blood, driving a hived vehicle of 0.072 percent of 0.072 percent, and driving the hived agricultural road above the hived agricultural road in the Gangwon-do Donin Indones-gun, Gangwon-do Donin Indones-gun, Gangwon-do Dondo-do Dondo-do-

As the road is no longer stopped, it was cut down on cement packaging road at a rapid decline of 3 meters in width. In this case, the driver neglected his duty of care to drive safely by checking well the right and the right of the running direction, and caused the vehicle to fall down below 2 meters on the left side of the running direction due to the negligence of driving the vehicle by neglecting his duty of care.

Ultimately, due to such occupational negligence, the victim D (maekne, 75 years of age) who was on board the said victim’s vehicle suffered injury, such as damage of the warden’s livering room, which requires approximately 6 weeks of treatment, to the victim E (maekne and 41 years of age).

2. Around 09:40 on August 12, 2013, the Defendant driven a portion of approximately 1 kilometer from around 09:40 on the ground that, under the influence of alcohol by 0.072%, the Defendant driven a blood alcohol content of Category B owned C A-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Inquiry into the result of crackdown on drivers;

1. On-site photographs;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1), the proviso of Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense (the point of driving while driving a motor vehicle);

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;

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