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(영문) 수원지방법원 2014.06.12 2014고정1026
교통사고처리특례법위반등
Text

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

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

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving service of BAW-W-W-W-W-W-C.

On January 3, 2014, at around 23:30 on January 3, 2014, the Defendant was in the process of parking the above vehicle in front of the 905 Haak-dong, Gan-si (U.S.) in the state of drinking.

A driver has a duty of care to drive on the front side and right side, etc. in a safe manner.

Nevertheless, due to the negligence of neglecting this, the Churd-Wurd-Wurd-Wurd-Wurd-Wurd-Wurd-Wurd-Wurd-Wurd-Wurked

In the end, as a result, the victims suffered injury in need of approximately 2 weeks of medical treatment due to crypitis, etc. to D(82, South, and North) and E(84, and women) who were on board the damaged vehicle due to the shock.

2. The Defendant, as described in paragraph 1, driven a vehicle at a level of alcohol content of 0.146% by driving approximately 50 meters from the street to the front of 905 apartment house on the street, after the 905-on-line marbing of the vehicle, as stated in paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of Acts and subordinate statutes to the survey report on actual condition, the report on actual status of a master-employed driver, the report on actual status of a master-employed driver, and the written diagnosis;

1. Article 3 (1), the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning criminal facts;

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

1. Selection of each 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. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Partial reduction of fines prescribed by the summary order in consideration of the fact that the defendant's reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order are against the defendant, the circumstances of the case, and the fact that the vehicle driven by the defendant is covered by liability insurance.

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