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(영문) 수원지방법원 성남지원 2013.03.21 2013고정323
교통사고처리특례법위반등
Text

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

If a fine is not paid, 50,000 won shall be converted into one day.

Reasons

Punishment of the crime

On November 4, 2012, at around 06:25, the Defendant, while driving a two-way motor vehicle under the influence of alcohol concentration of 0.160% in front of the e-mail distance located in Seongdong-gu, Seongbuk-gu, Sungnam-si, and passing through the intersection from the entrance of the training institute while driving through the intersection, and driving into the opposite lane beyond the median line due to the negligence of wrong operation of the remaining handbs, while driving into the opposite lane. At around that time, the Defendant, at the first lane of the opposite lane of the victim C Driving, who was in the traffic atmosphere, conflict with the front one of the Defendant’s vehicle.

The Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of treatment due to occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

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

1. A traffic accident report;

1. A report on detection of a host driver;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant legal provisions concerning criminal facts, the proviso to Article 3 (1), Article 3 (2) 2 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, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [in cases of subordinate crimes, reference to the punishment prescribed for the violation of the Road Traffic Act];

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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