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Reasons
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(영문) 춘천지방법원 2015.09.17 2015고정281
교통사고처리특례법위반등
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1. Defendant shall be punished by a fine of 4,000,000 won;

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B-Wood vehicle.

On February 21, 2015, the Defendant driven the said vehicle at a 0.178% alcohol concentration on the blood alcohol level around 17:40, while driving it, and driving it on the road without any lane prior to the DNA telecom in Chuncheon City C, at an insular speed from the direction of the Korean power well-known.

At the back of the defendant, the FM car driven by the victim E (the age of 36) was driven by the defendant following the defendant. In such a case, there was a duty of care to prevent the accident, such as the person engaged in driving service was well aware of the situation, and the failure to drive the car.

Nevertheless, the Defendant neglected this and was negligent in driving while under the influence of alcohol, and received the front part of the Mat-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-

Ultimately, the Defendant suffered injury to the victim by negligence in the course of performing the above duties, such as dump dump and tensions in need of treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Two copies of a photograph;

1. A report on detection of a host driver;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to E;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents by 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 (the point of driving sound, the selection of fines);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) 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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