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(영문) 창원지방법원 2013.09.24 2013고단933
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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 of Bone Star Co., Ltd.

On September 24, 2012, the Defendant driven the above vehicle while under the influence of alcohol of 0.156% of blood alcohol concentration on September 19:35, 2012, and led the road of three lanes in front of the Gama apartment, which is located in the wning-dong of the window of Changwon-si, to proceed about about 40km each other at the speed of about 40km from the mixannam-do Office along the two lanes.

In this case, a person engaged in driving service of a motor vehicle has a duty of care to safely operate the steering gear by accurately operating the steering gear and steering gear.

Nevertheless, the Defendant neglected to operate his vehicle as it was, while driving the vehicle at the front direction of the victim C(52 years old) who was in the atmosphere of the traffic signal at the front direction of the vehicle of the Defendant, taken the part behind the victim C(52 years old) drive with the front part of the vehicle of the Defendant, and caused the above taxi to be pushed down with the front part of the vehicle of the Defendant, and caused the rear part of the FSM5 vehicle driven in the front direction of the vehicle in the front direction.

After all, the Defendant suffered injury, such as the 6th cage cage fage, the right side cage, etc., which requires approximately six weeks of medical treatment from the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of a traffic accident, the actual condition survey report, and vehicle photograph;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. A written statement of C and E;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant provisions of Article 3 (1), proviso of Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and the selection of fines;

1. From among concurrent crimes, Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act [the maximum amount of two concurrent crimes as provided for in the Act on Special Cases concerning the Settlement of Traffic Accidents, which is heavier than the penalty] shall be added to concurrent crimes; however, the lower limit shall be limited to the violation of the Road Traffic Act (the crime of drinking);

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