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(영문) 대구지방법원 경주지원 2012.10.25 2012고정224
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine not exceeding 2.5 million won.

Where the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. On July 6, 2012, the Defendant was under the influence of alcohol level of 0.09% in blood, around July 21, 2012, the Defendant driven B non-stop vehicles within approximately 100 meters in a section of approximately 100 meters in the direction of the instant mast, in the direction of alcohol level of 0.09% in the fluoral fluoral fluoron.

2. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents, as described in paragraph 1, driven a motor vehicle and driven a road which is one-lane prior to the end of the century at a e-mail distance from the e-mail width to the e-mail at an insular speed.

In this case, the driver has a duty of care to prevent various traffic accidents by accurately operating the steering wheel and brakes well and accurately.

Nevertheless, under the influence of alcohol, the Defendant was under the influence of alcohol and was placed at the right edge of the progress direction by the negligence of the Defendant, and was placed at the right edge of the vehicle C (China, 24 years old).

In the above negligence of the defendant, the victim suffered injury, such as the right sleeps, which requires treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. C’s statement;

1. A medical certificate;

1. A report on detection of a host driver;

1. Application of Acts and subordinate statutes to the actual survey report;

1. Relevant legal provisions concerning criminal facts, Article 3 (1), the proviso of Article 3 (2) and Article 3 (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) 3 and 44 (1) of the Road Traffic Act, and 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 shall apply mutatis mutandis;

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

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