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(영문) 부산지방법원 2014.05.15 2014고정1152
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On September 25, 2013, the Defendant was sentenced to a suspended sentence of one year of imprisonment with prison labor at the Busan District Court on September 25, 2013, and the judgment became final and conclusive on October 3, 2013.

1. On October 208, 2013, the Defendant violated the Road Traffic Act: (a) around 04:10, the blood alcohol concentration of 0.163% was drunk; (b) from the area near the U.S., located in the Busan East-gu, Busan-do, the Defendant driven a B-do car within a distance of approximately two kilometers from the area near the U.S., located in the Busan-dong, to the uppermost of the candles.

2. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents, as described in paragraph (1) above, driven a motor vehicle while under the influence of alcohol, and operated the road in front of the beeral road located in the Busan Northern-dong, Busan, to the Jincheon-gu Apartment apartment protection area located in the same Samcheon-dong, Taecheon-dong, Busan.

Since there is a signal apparatus installed, a person driving a motor vehicle has a duty of care to drive the motor vehicle safely according to his/her name.

Nevertheless, the defendant, while proceeding in the red signal while left at the opposite lane of the vehicle under the victim C(24) driving, conflict with the front side of the vehicle under the victim C(24) driving with the front side of the vehicle under the victim.

As a result, the Defendant suffered injury to the victim, such as scambling and scambling, which requires approximately two weeks of treatment by occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the occurrence of a traffic accident C;

1. Investigation report on the actual condition of traffic accidents, report on the circumstantial statement of a drinking driver, and report on the detection of a drinking driver;

1. A medical certificate;

1. Photographs of the skin vehicle;

1. Division: Application of case search and judgment-related Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts, Article 3 (1), proviso to Article 3 (2) 1 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, 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, and the selection of fines;

1. The latter part of Article 37 of the Criminal Act for the treatment of concurrent crimes;

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